APHC010371972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 19928/2026 Between: 1. TAI NEELAKANTAM, S/O. VASUDEVA RAO TAI, AGE 28 YEARS, OCC SEAMAN (MERCHANT NAVY), R/O. H.NO.C-15, PEDDAVEEDHI, BODDUVANIPETA VILLAGE SANTHABOMMALI MANDAL, SRIKAKULAM DISTRICT, A.P- 532430. ...PETITIONER AND 1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS REP BY THE SECRETARY,23 D JANPATH RD RAJPATH AREA, CENTRAL SECRETARIAT NEW DELHI-110011. 2. THE REGIONAL PASSPORT OFFICER, VISAKHAPATNAM, NEAR P.F. OFFICE, MARRIPALEM VUDA LAYOUT, NAD POST, NEAR PF OFFICE ROAD, BESIDE RYTHU BAZAR, VISAKHAPATNAM, ANDHRA PRADESH - 530 009. 3. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, SRIKAKULAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH - 532001. 4. THE S H O SANTHABOMMALI P S, SRIKAKULAM, SRIKAKULAM DISTRICT, ANDHRA PRADESH - 532001 ...RESPONDENT(S): 2 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 an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus under Article 226 of the Constitution of India, declaring the action of Respondent No.2 in withholding/refusing to process and issue/re-issue the Petitioner's Passport bearing No. P7902655 pursuant to Passport Application/ARN No.26-1051252253 dated 27.01.2026, solely on the ground of pendency of criminal proceedings in Crime No.149 of 2023 of Santhabommali Police Station, culminating in C.C. No.486 of 2023, wherein the Petitioner is arrayed as Accused No.6, as being illegal, arbitrary, unreasonable, contrary to the provisions of the Passports Act, 1967, the Passport Rules, 1980, the Notification issued under Section 22 of the Passports Act in G.S.R. 570(E) dated 25.08.1993, violative of Articles 14, 19 and 21 of the Constitution of India, and consequently direct Respondent No.2 to forthwith process and issue/re-issue the Petitioner's passport with its normal statutory validity of 10 (Ten) years, in accordance with law and pass Counsel for the Petitioner: 1. SATYA SREENIVASA RAO K Counsel for the Respondent(S): 1. The Court made the following: 3 ORDER: The grievance of the petitioner, in short, is that the passport authorities are not considering his passport application, on the ground of pendency of criminal proceedings against him. 2. Heard Sri M.Nagendra Naik, learned counsel representing Sri Satya Sreenivasa Rao, learned counsel for the petitioner and Sri Bachina Hanumantha Rao, learned Central Government Counsel for the respondents. 3. Learned Central Government Counsel for the respondents contended that Calendar Case vide C.C.No.486 of 2023 is pending against the petitioner, as such, the petitioner has to approach competent Court to redress his grievance but cannot file writ petition under Article 226 of the Constitution of India. 4. Perusal of the material available on record shows that C.C.No.486 of 2023 is pending against the petitioner on the file of the Court of Junior Civil Judge (Judicial Magistrate of First Class), Kotabommali. 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 a passport would thereafter depend upon the concerned Court granting No Objection Certificate or appropriate 4 permission. Admittedly, when charge sheet has been filed, the parties have to approach the concerned Court where the case is pending for grant of No Objection Certificate, but cannot invoke 226 jurisdiction. 6. Taking the facts and circumstances of the case into consideration and having regard to the fact that C.C.No.486 of 2023 is pending against the petitioner, this Court is inclined to dismiss the Writ Petition at the stage of admission itself. 7. Accordingly, the Writ Petition is dismissed. However, the petitioner is not precluded to make an appropriate application before the learned Junior Civil Judge (Judicial Magistrate of First Class), Kotabommali, for issuance of ‘No Objection Certificate’ for issuance of his Passport. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 21st July, 2026 RKS