APHC010454702026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1016/2026 Between: B.RAMA KRISHNA, S/O LATE NARAYANA,AGED ABOUT 54 YEARS, OCC. POLICE CONSTABLE,R/O.D.NO.56/37-9, SHANTHI NAGAR, ITI CIRCLE,KADAPA CITY, Y.S.R KADAP DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PUBLIC PROSECUHIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2. THE STATION HOUSE OFFICER, RIMS U/G POLICE STATION, KADAPAY.S.R KADAPA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: V R REDDY KOVVURI Counsel for the Respondent(S): PUBLIC PROSECUTOR 2 Dr.YLR, J Crl.R.C.No.1016 of 2026 Dated 01.09.2026 The Court made the following: ORDER: Heard learned counsel for the Petitioner and learned Assistant Public Prosecutor. 2. The Criminal Revision Case has been filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) feeling aggrieved by the order dated 02.03.2026 in Crl.M.P.No.31 of 2026 in Cr.No.100 of 2016 passed by the learned I Additional Judicial Magistrate of First Class, Kadapa. 3. The Petitioner filed an application seeking for renewal of the passport. Whereas, the learned Court below allowed the petition granting permission to renew his passport but did not direct the Respondent No.2 to renew the passport for a period of ten years and in absence of such a direction, the Respondent No.2 will only renew the passport for one year. 4. Indeed, as per Rule 12F of the Passport Rules, 1980 passport can be renewed either for a period of 10 years or for 20 years. No exception can be taken out contrary to the Rules. Further, no reasons are assigned much less valid reasons for denying the request for permission to renew the passport for 10 years. A Single Judge of High Court of Telangana in W.P.No.2422 of 2024 dated 26.02.2024 at para Nos.13, 14, and 15 held as under: 3 Dr.YLR, J Crl.R.C.No.1016 of 2026 Dated 01.09.2026 “13….(7) Having regard to the rival contentions and the material on record, it is noticed that where there is criminal case pending against an Indian citizen who is seeking issuance or renewal of passport, the Government of Indian Notification in GSR 570(E) dated 25.08.1993 is applicable. Accordingly, the petitioner has approached the criminal Court has allowed the Crl.M.P. by directing renewal of passport only for the period the petitioner is eligible. As per the Passport Act and the Rules framed thereunder, a citizen is entitled for issuance of an ordinary passport for a period of 10 years and thereafter, the passport holder will have to make appropriate application for renewal of the passport which is again extendable for a further period of 10 years. The Sessions Judge in the order dated 27.10.2020 has observed that pendency of criminal case against W.P.No.11674 of 2022 the petitioner cannot be a ground fro denying his right to renew his passport. However, it is observed that it should be given only for the period he is eligible. (emphasis supplied by this Court). The usage of word „eligible connotes that the extension may be for regular period of 10 years as provided in the rules. The judgments on which the petitioner has placed reliance upon are on similar set of facts. 14….(7) In this present case, the respondents contended that the order of the learned Magistrate did not specify the period for which the passport is issued and in the light of Notification dated 23th August, 1993 (Annexure “6” to the petition), the passport of the citizen against whom the proceedings are pending in the criminal court in India, shall be issued for a period specified by the court and if no period is specified, the passport shall be renewed for a period one year. This court held that interpretation of the order of the learned magistrate dated 20th September, 2006 is contrary to the express language of the order. When the order speaks about renewal of the passport in terms of the Passport Rules, reference must be made to Rule 12 alone and the Passport Officer was bound to issue the passport either for a period of 10 years or for a period of 20 years as the case may be in his discretion. The Passport officer could not have at any rate renewed the passport for a period less than 10 years. Accordingly, the Rule was made absolute and the Regional Passport Officer was directed to issue the passport, renewed for a period of 10 years or 20 years.” 15….(11) (a) In all cases where the Magistrate‟s court directs renewal of the passports under the Rules, the Passport Rules, 1980 shall apply and passports other than for a child aged more than 15 years shall be renewed for a period of ten years or twenty years as the case may be from the date of it‟s issued. All qualifying applicants are entitled to have passport renewed for at least ten years. The Regional Passport Office shall renew the passports of such qualifying applicants at least for ten years. (b) In case where the passport are valid and the applicants hold valid visas on existing passport, the Regional Passport Officer shall issue the additional booklet to the same passport provided the applicant had obtained permission to travel abroad. (c) If the learned Magistrate passes an order making the reference to the said Notification No.G.S.R.570(E) dated 26th August, 1993, the passport shall be renewed only for such period that the Magistrate may specify in the order or as otherwise specified in the said Notification where the passport of the applicant is valid for less than one year, the additional booklet may be issued subject to the orders to be obtained in this behalf only of the Magistrate concerned.” 4 Dr.YLR, J Crl.R.C.No.1016 of 2026 Dated 01.09.2026 5. A learned single Judge of this Court also in Crl.P.No.6511 of 2023 dated 30.06.2025 by way of interim order granted permission to renew the passport for a period of 10 years. Denying the request for renewal of passport for a period of 10 years for granting only for one (01) year renewal would not serve any purpose further it would cause inconvenience to the passport authorities for renewal of passport for short period like one year. Furthermore, as observed supra contrary to the Rules no order is expected to be passed by the learned Court below. 6. For the above reasons, the Criminal Revision Case is allowed. The order dated 02.03.2026 in Crl.M.P.No.31 of 2026 in Cr.No.100 of 2016 on the file of the learned I Additional Judicial Magistrate of First Class, Kadapa is modified. Permission for renewal of the passport is given for a period of 10 years subject to the following conditions. i. The Petitioner/Accused No.13 herein shall submit an undertaking along with an affidavit in Crime No.100 of 2016 on the file of RIMS U/G Police Station, stating that he will not leave India during pendency of the said case without permission of the Court and that he will co-operate with the learned Trial Court in concluding the proceedings in the said case. ii. On filing such an undertaking as well as affidavit, the learned Trial Court shall issue a certified copy of the same within two (02) weeks there from. 5 Dr.YLR, J Crl.R.C.No.1016 of 2026 Dated 01.09.2026 iii. The Petitioner/Accused No.13 herein shall submit certified copy of the aforesaid undertaking before the Passport Officer for renewal of his passport. iv. The 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 Petitioner for renewal of his passport in accordance with law, within two (02) weeks from the date of said application. v. On renewal of the Passport, the Petitioner/Accused No.13 herein shall deposit the original renewed passport before the learned Court below in Crime No.100 of 2016 on the file of RIMS U/G Police Station. vi. However, liberty is granted to the Petitioner/Accused No.13 herein to file an application before the learned Court below seeking permission to travel aboard and it is for the learned Trial Court to consider the same in accordance with law. 7. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 01.09.2026 RSI 6 Dr.YLR, J Crl.R.C.No.1016 of 2026 Dated 01.09.2026 112 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1016 of 2026 Dated: 01.09.2026 RSI