WP/24185/2025 of SURYANARAYANA REDDY GUDURU Vs UNION OF INDIA on 10 September 2025

ORDER:

The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…..to pass an order, orders or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not renewing the Passport of the Petitioner bearing No.N1122347 pursuant to application made by the Petitioner on dt. 02.05.2025 vide File No.VJC075108187725, in spite of there being no legal bar under the Passports Act, 1967, is arbitrary, illegal, besides being violative of fundamental rights guaranteed under Article 14 and Article 21 of the Constitution of India and consequently, direct the respondents to consider the petitioners’ application vide File No.VJC075108187725 dated 02.05.2025 and renew the Passport of the petitioner bearing No.N1122347 and may pass such other…”

2. The petitioner was the holder of Passport No.N1122347, which expired on 22.07.2025. On 02.05.2025, the petitioner has made an application vide File No.VJC075108187725 for the renewal of his passport before the 2nd respondent. The 2nd respondent has not renewed the petitioner’s passport due to an adverse police verification report. On 22.07.2025, the petitioner sent a written reminder to the 2nd respondent requesting the expeditious renewal of the passport.

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3. Learned counsel submits that the petitioner was acquitted in Crime No.77 of 2014 and Crime No.2 of 2017 was compromised before the Lok-Adalat. The petitioner has paid fine amount of Rs.8,000/- imposed by the Court on 12.03.2022 and submits that in Crime No.376 of 2020 charge sheet vide C.C. No.462 of 2021 was filed before the Judicial First Class Magistrate, Gooty and submits that cognizance is taken.

4. Learned counsel for the petitioner submits that merely having a criminal case pending is not a valid reason to deny the issuance or renewal of a passport and relies 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 Sumit Mehta v. State of NCT of Delhi2, it is held as follows: “The law presumes an accused to be innocent till his guilt is proved. As a presumable innocent person, he is entitled to all the fundamental rights including the right to liberty guaranteed under Article 21 of the Constitution of India.”

1(1978) 1 SCC 248 22013 (15) SCC 570

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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.

5. On the other hand, the learned Assistant Government Pleader for Home, appearing for the 3rd respondent, submits that the learned Judicial First Class Magistrate, Gooty has taken cognisance of the case in C.C.No.462 of 2021; that Cr. No 5 of 2025 is still pending for investigation before the Peddavaduguru Police Station, the petitioner must make an appropriate application before the concerned jurisdictional court.

6. In view of the submissions made by learned counsel for the petitioner as well as learned Assistant Government Pleader for Home and in the light of the law laid down by the Apex Court in Sumit Mehta (2nd supra), the Writ Petition is disposed of directing the petitioner to approach the learned Judicial First Class Magistrate, Gooty, and file an application. Upon filing such an application, the jurisdictional Court shall pass an appropriate order, specifying the period, considering Rule 12 of the Passport Rules, 1980. It is needless to say that the petitioner shall appear before the learned Judicial First Class Magistrate, Gooty as and when his presence is required.

7. In respect of other crime i.e., FIR No.5 of 2025 pending for investigation before Peddavadugur Police Station, the 2nd respondent shall renew/re-issue the passport of the petitioner, in 3 2021 SCC OnLine SC 3549

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pursuance of the order passed by the jurisdictional Court in C.C. No.462 of 2021, without reference to the above crime. The petitioner shall not misuse the travel document. No order as to costs.

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

__________________________ JUSTICE SUMATHI JAGADAM Date:16.10.2025 DSH