APHC010704942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 36403/2025 Between: 1. GORLI NAVEEN, S/O GORLI RAMU, AGED 34 YEARS, R/O. FLAT NO.205, DMK HEIGHTS APARTMENTS, SHEELANAGAR, PEDDAGANTYADA, GAJUWAKA, VISAKHAPATNAM-530044. ...PETITIONER AND 1. THE UNION GOVERNMENT OF INDIA, REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, SECRETARIAT, RAISINA HILL, NEW DELHI-110011. 2. THE REGIONAL PASSPORT OFFICE, NEAR P.F. OFFICE, BESIDE RYTHU BAZAR MARRIPALEM, VUDA LAYOUT, NAD POST, VISAKHAPATNAM-530009. 3. ASSISTANT COMMISSIONER OF POLICE, MAHILA POLICE STATION, VISAKHAPATNAM DISTRICT -530002. 4. THE STATE OF ANDHRA PRADESH, REP. BY IS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toPleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings of the 2nd Respondent dated 18.03.2025 in rejecting the passport Renewal Application 2 JS,J W.P.No.36403/2025 No. VS1076984867924 for renewal of the Passport of the Petitioner bearing No.M4909142, as illegal and arbitrary consequently direct the 2nd Respondent to renew/reissue the passport of the Petitioner bearing NO.M4909142 by considering the renewal application of the Petitioner vide file No. VS1076984867924 in accordance with law, in the interest of justice and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to direct the 2nd Respondent / Regional Passport Officer to renewing / reissue the passport of the Petitioner bearing NO.M4909142 by considering the renewal application of the Petitioner vide file No. VS 1076984867924, pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. G RAMA GOPAL Counsel for the Respondent(S): 1. GP FOR HOME 2. M MADAALASA CENTRAL GOVT COUNSEL The Court made the following: 3 JS,J W.P.No.36403/2025 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home, appearing on behalf of respondent Nos.3 and 4 and learned Central Government Counsel, appearing on behalf of respondent Nos.1 and 2. 2. The petitioner made an application vide File No.VS1076984867924, dated 30.09.2024, seeking to issue fresh passport to the petitioner. Pursuant to his application, the respondent authorities have not processed his application due to the submission of an adverse verification report by the Police i.e., his involvement in Crime No.212 of 2024 on the file of Mahila UPS, Visakhapatnam City. 3. Learned counsel for the petitioner would submit that mere pendency of criminal case is not a bar to issue passport to the petitioner and in support of his contention, learned counsel for the petitioner relied on the order, dated 26.09.2024, passed by this Court in W.P. No.18328 of 2024. 4. At the hearing, learned Assistant Government Pleader for Home, submits that the concerned Police with regard to Crime No.212 of 2024 on the file of Mahila UPS, Visakhapatnam City filed charge sheet vide S.C.No.13 of 2025 on the file of the XI ADJ-cum-Special Court of SC & ST POA Act, Visakhapatnam. Since the competent criminal Court has taken cognizance, the petitioner has to approach the concerned jurisdictional Court. 5. Learned Central Government Counsel, appearing on behalf of respondent Nos.1 and 2, on instructions dated 31.12.2025 submits that petitioner has not submitted his explanation to the show cause notice?s dated 18.03.2025 and 15.10.2025 and straightaway approached this Court by filing the Writ Petition. 6. A Division Bench of this Court in W.A. No.383 of 2024, dated 29.10.2024, has considered the said aspect of cognizance by the Court in a 4 JS,J W.P.No.36403/2025 criminal case vis-à-vis an application made for the issuance of a passport and observed as follows: <16. Considering the facts of the present case on the touchstone of the principles laid down in the aforementioned judgments, it is clear that the Court of Special Mobile Judicial First Class Magistrate, Kakinada, having not taken judicial notice of the charge sheet filed before it, cannot be said to have taken cognizance much less can the Court be said to have initiated proceedings in terms of Chapter XVI of the Code of Criminal Procedure. 17. Therefore, we would have no hesitation in holding that proceedings would be said to have been pending only if cognizance had been taken by the Court and steps had been taken by the Court under Chapter XVI of the Code of Criminal Procedure. Since, there was no cognizance taken, there would be no question of >proceedings pending before a criminal Court?, which would attract the provisions of Section 6(2)(f) of the Passports Act, 1967.= 7. In the case on hand, the Criminal Court has taken cognizance and issued summons. Once the criminal Court takes cognizance, the petitioner has to approach the jurisdictional Court and make an appropriate application. 8. Apart from the above discussion, in the case on hand, the petitioner without approaching the concerned jurisdictional Court, has straightaway approached this Court. The petitioner was expected to submit his explanation. This Court does not find, in the facts of this case, infringement of right, if any, of the petitioner to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. At this juncture, the learned counsel for the petitioner would submit that the petitioner will approach the jurisdictional Court concerned. 9. Given the facts and circumstances of the case, the Writ Petition is disposed of, giving liberty to the petitioner to approach the learned jurisdictional Court and make an appropriate application. If such an application 5 JS,J W.P.No.36403/2025 is filed, the learned jurisdictional Court concerned shall consider the same and pass appropriate orders, as per the Passports Act and the Rules, as expeditiously as possible. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed __________________________________ JUSTICE SUMATHI JAGADAM Dated: 06.01.2026 RSD 6 JS,J W.P.No.36403/2025 212 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 36403/2025 Dated: 06.01.2026 RSD