APHC010213812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] THURSDAY,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO: 10678/2026 Between: 1. CHEKURI SIVAJI RAJU, S/O.CHEKURI APPALARAJU, AGED ABOUT 54 YEARS, RIO 50-102-15/2, PARK LANE RESIDENCY, FT-101, SEETHAMMADARA, VISAKHAPATNAM-530013. 2. SMT.CHEKURI MADHURI, W/O.CHEKURI SIVAJI RAJU, AGED ABOUT 46 YEARS, R/O 50-102-15/2, PARK LANE RESIDENCY, FT 101, SEETHAMMADARA, VISAKHAPATNAM-530013. ...PETITIONER(S) AND 1. UNION OF INDIA, REP BY JOINT SECRETARY (PSP) AND CPO, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, PATIALA HOUSE, TILAK MARG, NEW DELHI-110001. 2. REGIONAL PASSPORT OFFICER, O/O REGIONAL PASSPORT OFIFCE, VISAKHAPATNAM, NEAR P.F.OFFICE, BESIDES RYTHU BAZAR, MARRIPALEM, VUDA LAYOUT, NAD POST, VISAKHAPATNAM-530009,ANDHRA PRADESH STATE. ...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 petitioners passport's bearing No.s C2754391 an CC2766958 and expired on 04.09.2025 and 29.09.2025 respectively pursuant to the applications bearing No's VS05C5898787725 dated 23.04.2025 and VS1076531521826 dated 11.03.2026 respectively 2 on the ground of pending Criminal Cases as illegal, arbitrary, unjust and violative of Art 14 and 21 of Constitution of India and contrary to the T provisions of Passport Act, 1967 and consequently direct the 2nd respondent to renew petitioner's passports bearing No.s' C2754391 and C2766958 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 2"d respondent to accept the applications of the petitioners bearing No's VS05C5898787725 dated 23.04.2025 and VS1076531521826 dated 11.03.2026 respectively without reference to criminal cases pending against petitioners in the interest of justice Counsel for the Petitioner(S): 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. P SARASWATHI CENTRAL GOVT COUNSEL The Court made the following: 3 THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.10678 of 2026 ORDER: - Heard learned counsel for the petitioner and learned Central Government Counsel and learned Government Pleader for Home and perused the material available on record. 2) As per the material available on record, two criminal cases are pending against the petitioner. One case is pending in C.C.No.3319 of 2020 before the II Additional Chief Metropolitan Magistrate, Visakhapatnam relating to Crime No.273 of 2017 of II Town Police Station, Visakhapatnam for the offences under Sections 417 and 420 r/w 34 of the Indian Penal Code and another case is pending in Crime No.11 of 2020 of II Town Police Station, Visakhapatnam for the offences under Sections 420, 468, 471 and 120-B r/w 34 of the Indian Penal Code. Thus, it is clear that one case is pending for trial before the concerned Criminal Court and another case is pending under investigation stage. The petitioner’s application for renewal of the passport is kept pending due to pendency of these two criminal cases. 3) In identical circumstances, this Court has considered the issue relating to a criminal case is pending for trial in W.P.No.5769 of 2026 and batch wherein the following directions are issued: “9. Accordingly, these writ petitions are allowed with the following direction: The Passport Authorities to consider and pass appropriate orders on the applications submitted by the petitioners for issuance of passports 4 or re-issuance of passports or renewal of passports, for a period of ten (10) years, under Section 10 of the Passports Act, 1967 and under Rule 12 of Passport Rules, 1980 and also the Gazette Notification issued by the Central Government vide GSR No.570(E), dated 25.08.1993, without reference to the criminal proceedings pending against the petitioners before the concerned Courts, subject to the following conditions: (i) The petitioners shall submit an undertaking, along with an affidavit affirming that he/she will not leave the country during the pendency of the criminal proceedings, pending against them without permission of the courts having jurisdiction and that he/she will co- operate with concerned trial court in concluding the proceedings. (ii) On filing such an undertaking as well as affidavit, the concerned trial court shall issue a certified copy of the same within two (02) weeks. (iii) The petitioners shall submit the certified copy of the aforesaid undertaking before the respondent-Passport Officer for issuance of passport or re-issuance or renewal of his/her passport. (iv) The respondent-Passport Officer shall consider the said application in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioners for issuance of passport or re-issuance or renewal of his/her passport in accordance with law, within two (02) weeks from the date of said application. (v) On renewal of the passport, the petitioners shall deposit the original renewed Passport before the concerned trial court. (vi) The petitioners shall file an application before the concerned trial Court seeking permission to travel abroad. The concerned trial Court shall consider the same, in accordance with law.” 5 While considering a case where passport application is pending for renewal due to pendency of the criminal case at investigation stage, this Court in W.P.No.5607 of 2026 and batch passed the following order: “12. For the aforesaid reasons and in the light of the law laid down by the Apex Court and High Courts as referred above, these writ petitions are allowed directing the Passport Authorities to issue or re-issue or renew of the passports of the petitioners. 13. However, in the event of charge sheets being filed after investigation in criminal cases, the petitioners would be required to obtain necessary orders from the concerned Courts where the charge sheets are filed. These orders shall be in relation to the further period of validity of the said passports and conditions, if any that may be imposed by the concerned Court in relation to his/her travel abroad. 14. In the event, the petitioners do not take steps for obtaining such orders, it would be open to the Passport Authorities to revoke the passports of the petitioners after due notice to the petitioners.” 4) By following the said orders, this writ petition is disposed of on the same terms, as mentioned in the above two writ petitions. 5) There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _________________________ JUSTICE BATTU DEVANAND Date : 23.04.2026 PGR 6 THE HONOURABLE SRI JUSTICE BATTU DEVANAND W.P.No.10678 of 2026 Date: 23.04.2026 PGR