APHC010706862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO.458 OF 2026 Between: Mohini Betala ...PETITIONER AND The Union of India and others ...RESPONDENTS Counsel for the Petitioner: 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP FOR HOME 2. . 3. A RAVINDRA BABU (CENTRAL GOVT COUNSEL) The Court made the following ORDER: The present Writ Petition has been filed questioning the action of 2nd respondent in not issuing Passport to the petitioner in pursuance of her application in File No.VS1065555994125, dated 28.08.2025. 2. Case of the petitioner is that, she made an application before 2nd respondent, vide File No.VS1065555994125, dated SRK, J WP No.458 of 2026 2 28.08.2025, for issuance of Passport. While so, a case in Crime No.128 of 2025 of Airport Police Station, Visakhapatnam Commissionerate was registered against her and others for the offences punishable under Sections 49, 307, 308(5), 310(1), 310(5), 318(4), 329(4), 329(1), 351(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. She received a correspondence dated 22.10.2025 through 2nd respondent calling her explanation for the above mentioned pending crime and she approached the office of 2nd respondent and explained that as the said case is pending for investigation and charge sheet is not yet filed, there is no legal impediment in issuing Passport to her. In spite of the same, as her application is not considered so far, she filed the present Writ Petition. 3. Learned Assistant Government Pleader for Home submitted that the case in Crime No.128 of 2025 of Airport Police Station, Visakhapatnam Commissionerate is at the stage of investigation. 4. The issue and renewal of passports is regulated by the Passports Act, 1967. Section 6(2), extracted below, is relevant for this purpose. (2) subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of Section 5 on any one or more of the following grounds, and on no other ground, namely:- (a) that the applicant is not a citizen of India., SRK, J WP No.458 of 2026 3 (b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India., (c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India., (d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country., (e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a Court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years., (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court of India., (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a Court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court., (h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation., (i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest. The grounds on which, the issue of Passport to the petitioner is being refused could at best fall within the ambit of Section 6(2)(f) of the Passports Act,1967. This provision has been considered in various cases and the ambit of this provision is fairly settled. SRK, J WP No.458 of 2026 4 5. The Hon’ble Supreme Court of India in its Judgment dated 27.09.2021 in Crl.A.No.1342 of 2017 in the case of Vangala Kasturi Rangacharyulu vs. Central Bureau of Investigation, after considering Section 6(2)(f) of the Passport Act, 1967, held that the passport authority cannot refuse renewal of the passport on the ground of pendency of a criminal case and directed the passport authority to renew the passport. 6. A learned Single Judge of the High Court at Madras in the order dated 04.02.2021 in W.P.No.20058 of 2020 held that mere pendency of a First Information Report cannot be the legal basis for denial of issuance of a regular passport to the petitioner and that it is only after cognizance is taken by an appropriate Court that it can be held that criminal proceedings have commenced and issuance or renewal of the passport would be depended on no objection being given by the concerned Court. 7. The Central Government has also issued G.S.R.No.570(E), dated 25.08.1993 stipulating that a no objection order would be required from a Court only if it falls within the ambit of Section 6(2)(f). 8. In view of the fact that Section 6(2)(f) of the Act, 1967, would arise only when there is a pending proceeding before the Criminal Court after cognizance is taken, it would have to be held that as of now there is no pending criminal proceeding before the Court. SRK, J WP No.458 of 2026 5 9. Accordingly, this Writ Petition is disposed of with a direction to 2nd respondent to consider the application of the petitioner for issue of Passport, without raising any objection relating to the pendency of Crime No.128 of 2025 of Airport Police Station, Visakhapatnam Commissionerate. It is further observed that if the petitioner intends to travel abroad, it is needless to mention that she has to resort in filing an application before appropriate Court seeking No-objection Certificate (NOC). 10. However, this order shall not preclude 3rd respondent- Station House Officer, Airport Police Station, Visakhapatnam Commissionerate from taking such steps as are necessary to ensure the presence of the petitioner, for conduct of the investigation of the aforesaid crime for any other purposes. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:29.01.2026 Nsr SRK, J WP No.458 of 2026 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.458 of 2026 Date:29.01.2026 Nsr