Andhra Pradesh High Court
WP/33578/2025 of MARGANI BHARAT RAM Vs THE UNION OF INDIA on 21 December 2025
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 33578/2025 Between: 1. MARGANI BHARAT RAM, S/O MARGANI NAGESWARA RAO, 9-35-1,
APHC010649222025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE TWENTY SECOND DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 33578/2025
Between:
1. MARGANI BHARAT RAM, S/O MARGANI NAGESWARA RAO, 9-35-1, MARGANI RAMARAO STREET, RAJAHMUNDRY URBAN. EAST
GODAVARI, ANDHRA PRADESH-533101.
...PETITIONER
AND
1. THE UNION OF INDIA, REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI -
110001.
2. THE PASSPORT AUTHORITY OF INDIA, REP. BY ITS CHIEF
PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL
AFFAIRS, ROOM NO. 8, PATIALA HOUSE, TILAK MARG, NEW
DELHI - 110001.
3. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT
4. THE REGIONAL PASSPORT OFFICER, VISAKHAPATNAM, NEAR
P.F. OFFICE, BESIDE RYTHU BAZAR, MARRIPALEM, VUDA
LAYOUT, NAD POST, VISAKHAPATNAM - 530009.
5. THE STATION HOUSE OFFICER, PRAKASH NAGAR POLICE
STATION, EAST GODAVARI DISTRICT.
6. THE
STATION
HOUSE
OFFICER,
MALLIKARJUNA
NAGAR,
RAJAHMUNDRY
III
TOWN
POLICE
STATION,
JS,J
W.P.No.33578/2025
RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.
...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 toPleased to issue a Writ Order or direction particularly, one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the action of the 3rd respondent in not renewing the passport of the petitioner Old Passport No L9836698 as per the application/File NO
VS6077321484325 dated 20.01.2025 on the ground of pendency of criminal case against the petitioner vide FIR No 98 of 2024 on the file of the 4thand 5TH respondents Police Station as illegal arbitrary contrary to the provisions of Passport Act 1967 judgments of the Honble Supreme Court and this Honorable High Court and consequently direct the 3rd respondent to renew and reissue the passport to the petitioner forthwith as per tbe application/File NO VS6077321484325dated 20.01.2025 on the ground of pendency of criminal case against the petitioner vide FIR No 98 of 2024 and 181 of 2024
on the file of the 4th and 5th respondents Police Station and to pass IA NO: 1 OF 2025
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 Pleased to direct the respondents to renew and reissue the passport to the petitioner as per the application/File NO VS6077321484325 dated 20.01.2025 forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1. REGULAGADDA VENKATESH
Counsel for the Respondent(S):
1. GP FOR HOME
2. PELLETI RAJESH KUMAR (CENTRAL GOVERNMENT COUNSEL)- 24221/AP/2080/2015
3. PELLETI RAJESH KUMAR (CENTRAL GOVERNMENT COUNSEL)
The Court made the following:
JS,J
W.P.No.33578/2025
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ORDER:
Heard Sri Regulagadda Venkatesh, learned counsel for the petitioner and Sri P. Ajay Babu, learned Assistant Government Pleader of Home, appearing on behalf the respondents. The material on record has been perused.
2. The petitioner possesses passport number L9836698, which expired on 25.06.2024. On 20.01.2025, the petitioner submitted an application under File No. VS6077321484325 for passport renewal. The application is currently under processing; however, it is delayed due to an adverse police verification report. Furthermore, the investigating officer has filed a charge sheet in Crime No. 156 of 2024 (C.C. No. 195/2024). Pending before the III Town L&O Police Station are Crime Nos. 594 & 181 of 2024 and 503 & 540 of 2025. Crime Nos. 166 of 2025 and 98 of 2024 are pending before the Prakash Nagar Police Station. Crime No. 109 of 2017, filed at the Women Police Station, Guntur Urban, concerning the DP Act, has been disposed of. Additionally, Crime No. 92 of 2019 at the II Town L&O Police Station has been classified as a "Mistake of fact."
3. Learned counsel for the petitioner contends that the mere pendency of criminal proceedings does not bar the petitioner's passport application. It is further submitted that a Division Bench of this Court, in W.A.No.383 of 2024, addressed the Court's cognizance in criminal cases concerning passport applications and observed as follows. “16. Considering the facts of the present case on the touchstone of the principles laid down in the aforementioned judgments, it is clear that the Court of Special Mobile Judicial First Class Magistrate, Kakinada, having not taken judicial notice of the charge sheet filed before it, cannot be said to have taken cognizance much less can the Court be said to have initiated proceedings in terms of Chapter XVI of the Code of Criminal Procedure.
17. Therefore, we would have no hesitation in holding that proceedings would be said to have been pending only if cognizance had been taken by
JS,J W.P.No.33578/2025
the Court and steps had been taken by the Court under Chapter XVI of the Code of Criminal Procedure. Since, there was no cognizance taken, there would be no question of “proceedings pending before a criminal Court‟, which would attract the provisions of Section 6(2)(f) of the Passports Act, 1967.”
4. Sri P. Ajay Babu, the learned Assistant Government Pleader for Home, representing respondent Nos. 3, 5, and 6, submits that cognizance was taken of Crime No.156 of 2024 and a charge sheet was filed in Calendar Case No.195 of 2024 before the appropriate Magistrate Court. The remaining cases are still at the FIR stage. Therefore, the petitioner is advised to approach the competent Court and submit appropriate application for the issuance of a passport.
5. Apart from the above discussion, in the present case, the petitioner, without first approaching the relevant jurisdictional Magistrate Court, directly approached this Court. The petitioner was expected to submit an explanation to the appropriate authority. This Court does not find, based on the facts of this case, any infringement of the petitioner's rights to invoke jurisdiction under Article 226 of the Constitution of India.
6. At this juncture, the learned counsel forthe petitioner would submit that the petitioner will approach the jurisdictional Courts and file appropriate applications.
7. Given the facts and circumstances of the case, the Writ Petition is disposed of as follows:
(i) The petitioner is granted liberty to approach the learned jurisdictional Court and make an appropriate application in CC.No.195 of 2024, which is pending before the jurisdictional Magistrate Court. Upon such application, the learned jurisdictional Court concerned shall pass appropriate orders, as per the Passports Act and the Rules, as expeditiously as possible.
JS,J W.P.No.33578/2025
(ii) Insofar as the Crime Nos. 594 & 181 of 2024 and 503 & 540 of 2025 before the III Town L&O Police Station, and Crime Nos. 166 of 2025 and 98 of 2024 before the Prakash Nagar Police Station are concerned, the same were not taken on file by the jurisdictional Courts. Crime No. 109 of 2017 on the file of the DP Act of the Women Police Station, Guntur Urban, was disposed of, and Crime No. 92/2019 on the file of the II Town L&O Police Station was referred to as “Mistake of fact”. Therefore, the 4th respondent shall renew/re-issue the passport of the petitioner.
(iii) If the petitioner intends to go abroad, the petitioner shall necessarily get permission from the jurisdictional Courts. The petitioner shall not misuse the travel document.
As a sequel, miscellaneous applications pending, if any, shall stand closed. No order as to costs.
________________________________ JUSTICE SUMATHI JAGADAM
Dated: 22.12.2025 RSD
JS,J
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 33578/2025
Dated: 22.12.2025 RSD