WP/19997/2025 of BODDU PADMAVATHI Vs UNION OF INDIA on 14 October 2025

1. BODDU PADMAVATHI, W/O. RAMALINGAM, AGED ABOUT 49 YEARS, R/O. H. N0.8-513/G1, 2ND LANE, BRUNDAVANA NAGAR, ONGOLE, PRAKASAM DISTRICT.

...PETITIONER AND

1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS PRINCIPAL SECRETARY, SOUTH BLOCK, NEW DELHI.

2. THE PASSPORT AUTHORITY OF INDIA, REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO. 8, PATIALA HOUSE, TILAK MARG, NEW DELHI.

3. THE REGIONAL PASSPORT OFFICE, . REPRESENTED BY ITS REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN CENTRAL, D.NO.27-37-158, GOVERNORPET, M.G. ROAD, VIJAYAWADA, N.T.R DISTRICT.

4. THE REGIONAL PASSPORT OFFICE, REPRESENTED BY ITS REGIONAL PASSPORT OFFICER, NEAR P.F. OFFICE, BESIDE RYTU BAZAR, MARRIPALEM, VUDA LAYOUT, NAD POST, NH-5 MAIN ROAD, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT - 530

009. ...RESPONDENT(S):

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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, direction, or order, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondent No.3 in not renewing the Petitioners Passport No.K9208136 by considering my Application No.VJA075504400123, dated 23-06-2023, as illegal, arbitrary, and in violation of Articles 14 and 21 of the Constitution of India, and in contravention of the provisions of the Passports Act, 1967, and the Rules made there under, and consequently, direct the Respondent No.3 herein to renew the Petitioners Passport NO.K9208136 by considering my Application No.VJA075504400123, dated 23-06-2023, and 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 Respondent No.3 herein to renew the Petitioner’s Passport NO.K9208136 by considering my Application NO.VJA075504400123, dated 23-06-2023, pending disposal of the above writ petition and pass s IA NO: 2 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 implead the proposed Respondent Nos.5 & 6, as Respondent Nos.5 & 6 in W.P.No. 19997 of 2025, in the interest of Justice and pass Counsel for the Petitioner:

1. MADHAVA RAO NALLURI Counsel for the Respondent(S):

1. ENKEKALUVA ANJANA REDDY(CENTRAL GOVT COUNSEL)

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The Court made the following ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.

2. The petitioner is holding a passport bearing Passport No.K9208136 issued on 19.04.2013, valid for a period of ten years (expired on 18.04.2023). The petitioner applied for renewal of passport under Ref.No.VJA075504400123 on 23.06.2023. On the adverse Police Verification Report, the petitioner’s application for renewal of passport was rejected on the ground that Cr.No.138 of 2022 is pending against the petitioner.

3. Learned counsel for the petitioner submits that no final report has been filed and it cannot be said that the criminal proceedings are pending against the petitioner. Learned counsel further argues that mere pendency of a criminal case is not a ground to deny reissuance of a passport, and relied on the following decisions of the Hon’ble Apex Court: i. In Maneka Gandhi v. Union of India1, it is observed that the right to travel Abroad is a part of personal liberty and the right to possess a passport etc., can only be curtailed following law and not on the subjective satisfaction of anyone. ii. In Satwant Singh Sawhney v. D. Ramarathnam, Assistant Passport Officer, New Delhi and Others2, it is observed that the right to travel abroad is part of personal liberty and cannot be deprived except in accordance with the procedure established by law, as per Article 21 of the Constitution of India. iii. In Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation3, the Hon’ble Apex Court held that mere pendency of criminal cases cannot be a ground to deny renewal of passport.

1 (1978) 1 SCC 248 2AIR 1967 SC 1836 3 2021 SCC OnLine SC 3549

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4. Learned Assistant Government Pleader for Home, on instructions, submits that the petitioner is involved in Crime No.138 of 2022 of Chimakurthy Police Station, Prakasam District, which is still in the investigation stage.

5. Since the matter is still at the FIR stage and no final report has been submitted, it cannot be said that criminal proceedings are pending against the petitioner.

6. In similar circumstances, the Division Bench of this Court in W.P.No.30373 of 2022, held as under:

“9. A learned Single Judge of the High Court at Madras dated 04.02.2021 in W.P.No.20058 of 2020 held that mere pendency of a First Information Report cannot be the legal basis for denial of issuance of a regular passport to the petitioner and that it is only after cognizance is taken by an appropriate Court that it can be held that criminal proceedings have commenced and issuance or renewal of the passport would be depend on no objection being given by the concerned Court.

10. The Central Government has also issued G.S.R.No.570(E), dated 25.08.1993 stipulating that a no objection order would be required from a Court only if it falls within the ambit of Section 6(2)(f).

11. In view of the fact that Section 6(2)(f) would arise only when there is a pending proceeding before the Criminal Court after cognizance is taken, it would have to be held that as of now there is no pending criminal proceeding before the Court.”

7. Accordingly, this Writ Petition is disposed of with a direction to respondents to consider the application of the petitioner, for renewal of his passport, without raising any objection relating to the pendency of Crime No.138 of 2022 of Chimakurthy Police Station, Prakasam District.

8. However, this Order shall not preclude the Station House Officer, Chimakurthy Police Station, Prakasam District from taking such steps as are necessary to ensure the presence of the petitioner, for conduct of the

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investigation of the aforesaid crimes for any other purposes. No order as to costs.

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

___________________________ JUSTICE SUMATHI JAGADAM

Date: 15.10.2025 SCH

JS,J

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 19997/2025

Date: 15.10.2025 SCH