WP/32802/2025 of MOVVA SRINIVASA RAO Vs THE UNION OF INDIA on 21 December 2025

1. MOVVA SRINIVASA RAO, S/O RAMA RAO AGED ABOUT 57 YEARS, R/O FLAT NO.9, SWAMIJI APARTMENT, ANJANADRI BLOCK, 6/2, CHANDRAMOULI NAGAR, GUNTUR.

...PETITIONER AND

1. THE UNION OF INDIA, REP. BY ITS MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, SECRETARIAT BUILDING, RAISINA HILL, NEW DELHI -110001.

2. THE JOINT SECRETARY PSP AND CHIEF PASSPORT OFFICER, PASSPORT SEVA PROGRAMME DIVISION

MINISTRY OF EXTERNAL AFFAIRS, ROOM NO. 27, PATIALA HOUSE, TILAK MARG, NEW DELHI -110001,

3. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, VISAKHAPATNAM NEAR P.F. OFFICE, BESIDE RYTHU BA.ZAR,

MARRIPALEM VUDA LAY OUT,

NAD POST, VISAKHAPATNAM, ANDHRA PRADESH - 530009.

4. THE REGIONAL PASSPORT OFFICE, 4TH FLOOR, STALIN CENTRAL, D.NO.27-37-158,

GOVERNORPET, M.G.ROAD, VIJAYAWADA - 520002, ANDHRA PRADESH.

5. THE STATION HOUSE OFFICER, GANNAVARAM URBAN POLICE STATION, KRISHNA DISTRICT.

JS,J W.P.No.32802/2025

...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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the action of the respondent No.4 in issuing the vide Letter, dt 26-04-2025, wherein calling for the clarifications regarding issuance of passport facilities to the petitioner in connection with the Application for reissue of Passport with File. No.VJ907756488512 5, dt 21-04-2025, as being illegal, arbitrary, without jurisdiction and competency and violative of principles of natural justice and contrary to the provisions of the Passport Act and rules there under and contrary to the provisions of Article 14, 19 and 21 of the Constitution of India and consequently set aside the Letter, dt 26-04-2025 of the 4th respondent and direct the respondent no.4 to renew/reissue the passport of the petitioner bearing no. N2583000, by forth with 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 grant interim direction to direct the respondent No. 4 to direct the respondent no.4 to renew/reissue the passport of the petitioner bearing no. N2583000, by forthwith pending disposal of this writ petition and to pass Counsel for the Petitioner:

1. CHILUKURI NARENDRA BABU Counsel for the Respondent(S):

1. MALLAMPALLI SRINIVAS(CENTRAL GOVT COUNSEL)

2. GP FOR HOME

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The Court made the following ORDER:

Heard Sri Chilukuri Narendra Babu, learned counsel for the petitioner, Sri Mallampalli Srinivas, learned Central Government Counsel and Sri P. Ajay Babu, learned Assistant Government Pleader for Home.

2. The petitioner made an application vide Reference No.25-1002233741 and File No.VS2068762275715, dated 21.04.2025, seeking to issue fresh passport to the petitioner. Pursuant to his application, the respondent authorities have not processed his application due to the submission of an adverse verification report by the Police i.e., his involvement in crime No.590 of 2023 on the file of the Gannavaram Urban Police Station, Krishna District.

3. Learned counsel for the petitioner would submit that mere pendency of criminal cases is not a bar to issue passport to the petitioner and in support of his contention, learned counsel for the petitioner relied on the order, dated 26.09.2024, passed by this Court in W.P. No.18328 of 2024.

4. At the hearing, Sri Mallampalli Srinivas, learned Central Government Counsel and Sri P. Ajay Babu, learned Assistant Government Pleader for Home, submits that the concerned Police with regard to Crime No.590 of 2023 on the file of the Gannavaram Urban Police Station, Krishna District filed charge sheet vide CC No.43 of 2025 on the file of the Senior Civil Judge -cum Chief Metropolitan Magistrate Court, Gannavaram. Since the competent criminal Court has taken cognizance, the petitioner has to approach the concerned jurisdictional Magistrate Court.

5. A Division Bench of this Court in W.A. No.383 of 2024, considered the said aspect of cognizance by the Court in a criminal case vis-à-vis an application made for the issuance of a passport 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

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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 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.”

6. In the case on hand, the Criminal Court have taken cognizance and issued summons. Once the criminal Court takes cognizance, the petitioner has to approach the jurisdictional Court and make an appropriate application.

7. Apart from the above discussion, in the case on hand, the petitioner without approaching the concerned jurisdictional Magistrate Court, has straightaway approached this Court. The petitioner was expected to submit his explanation. This Court does not find, in the facts of this case, infringement of right, if any, of the petitioner to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. At this juncture, the learned counsel for the petitioner would submit that the petitioner will approach the jurisdictional Magistrate Court concerned.

8. Given the facts and circumstances of the case, the Writ Petition is disposed of, giving liberty to the petitioner to approach the learned jurisdictional criminal Court and make an appropriate application. If such an application is filed, the learned jurisdictional Court concerned shall consider the same and pass appropriate orders, as per the Passports Act and the Rules, as expeditiously as possible. No order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall stand closed

________________________________ JUSTICE SUMATHI JAGADAM

Dated: 22.12.2025 RSD

JS,J

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 32802/2025

Dated: 22.12.2025 RSD