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2026 DAILYLAW 4691 (AP)

CHETTIPALLE SURESH BABU v. THE UNION OF INDIA

WP/14385/2026 · 2026-06-29

Ravi Cheemalapati

body2026

Judgment text

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1 Date of reserved for orders : Date of pronouncement : 30.06.2026 Date of uploading : APHC010266612026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY, THE 30th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14385/2026 Between: 1. CHETTIPALLE SURESH BABU, S/O LATE CHETTIPALLE PURUSHOTHAM JOSEPH, AGED ABOUT 54 YEARS, SUPERINTENDENT O/O DEO RAYACHOTY, ANNAMAYYA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP.BY ITS SECRETARY, SOUTH BLOCK, NEW DELHI-110011. 2. THE REGIONAL PASSPORT OFFICER, VISAKHAPATNAM, ANDHRA PRADESH.530009 3. THE STATION HOUSE OFFICER, CHINNA CHOWCK POLICE STATION, KADAPA, YSR KADAPA DISTRICT, ANDHRA PRADESH. 516002 ...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 to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in not renewing the passport of the Petitioner citing pendency of Crime No. 255 of 2022 dated 19.08.2022 on the file of Chinnachowk Police Station, Kadapa 2 Mandal, Kadapa District, Andhra Pradesh as being illegal, arbitrary and contrary to the provisions of the Passport Act, 1967 and the Passport Rules, 1980 and cdso in violation of Article 21 of the Constitution of India and Consequently direct the 2nd Respondent to renew the passport of the petitioner to travel abroad and pass IA NO: 1 OF 2026 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 to direct the 2nd Respondent to permit the Petitioner to travel abroad to receive convocation Graduation ceremony for his son who studied at MS, the Arizana University, Arizana State at USA, and completed the said course for the year 2024, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. DASARI CHANDRA SEKHAR Counsel for the Respondent(S): 1. GP FOR HOME 2. The Court made the following order: The short grievance of the petitioner is that the 2nd respondent is not renewing his passport on the ground of pendency of C.C.No.1761/2022 on the file of the court of II Additional Judicial Magistrate of First class, Kadapa arising out of Crime No.255 of 2022 dated 19.08.2022 on the file of Chinnachowk Police station, Kadapa Mandal and District. 2. Heard Sri Dasari Chandra Sekhar, learned counsel for the petitioner and learned Assistant Government Pleader for Home. 3 3. After arguing the matter for some time, learned counsel for the petitioner sought liberty to file an appropriate application before the Court of the II Additional Judicial Magistrate of First class, Kadapa. 4. Perusal of the material available on record shows that Calendar Case No. 1761 of 2022 is pending against the petitioner on the file of the Court of II Additional Judicial Magistrate of First class, Kadapa. 5. The Hon’ble Supreme Court, as well as various High Courts, have consistently held that criminal proceedings can be said to have commenced only after the competent Court has taken cognizance of the offence and the issuance of renewal of a passport would thereafter depend upon the concerned Court granting No Objection Certificate or appropriate permission. 6. Taking the facts and circumstances of the case into consideration and having regard to the fact that C.C.No.1761 of 2022 is pending against the petitioner and that the petitioner intends to file an application before the concerned Court, this Court is inclined to dispose of the Writ Petition at the admission stage itself. 7. Accordingly, the Writ Petition is disposed of granting liberty to the petitioner to make an appropriate application before the learned II Additional Judicial Magistrate of First class, Kadapa for issuance of ‘No Objection Certificate’ for renewal of his Passport. There shall be no order as to costs. 4 As a sequel, miscellaneous petitions pending, if any in the Writ Petition, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 30.06.2026 BRS Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No