IMPORTANT POINT
The right to travel abroad is a fundamental human right, and pending criminal cases cannot arbitrarily prevent passport renewal without proper legal justification.

JUDGMENT :

1. The Court made the following Order:

This writ petition is filed claiming the following relief:

“…pleased to pass an order or orders or direction, more particularly one in the nature of a writ of mandamus declaring the action of the 2nd Respondent in not renewing the Petitioner’s Passport No.K7648178 (Application No.VJ2075686977923) purportedly on the ground of pendency of criminal cases against the Petitioner as arbitrary, illegal, unjust, irrational, contrary to the provisions of The Passports Act, 1967 besides being violative of Articles 14, 19 and 21 of the Constitution of India and pass...”

2. Learned counsel for the petitioner submits that, the petitioner herein is employed as the Chief Executive Director at Andhra Pradesh Mercantile Co-operative Credit Society Ltd. Due to his nature of employment, the petitioner is required to travel abroad to attend meetings and conferences. The petitioner is a holder of the Indian passport, bearing No.K7648178, due to expiry of the same, the petitioner made an application vide application vide file No.VJ2075686977923, dated 16.08.2023 before the respondent-authorities seeking renewal and issuance of a fresh passport. Pursuant to which, the petitioner attended the enquiry before the respondent-authorities on 17.08.2023 and submitted all the relevant and required documents to the respondent-authorities. The petitioner after a lapse of time upon checking the status of the passport renewal application came to know that, “the police verification report is not clear and application is under review at regional passport office.”

3. It is further submitted that, the petitioner’s bank during its course of business transactions found that few of its customers, have opened accounts in a dubious manner and have committed fraud with which the petitioner is no way concerned. Without conducting proper verification and investigation, the respondent Nos.3 and 4 falsely arrayed the petitioner as one of the accused and lodged several cases against the petitioner bearing F.I.R. No.153 of 2021, dated 27.09.2021, on the file of Central Crime Station, Hyderabad, U/s,419, 420, 465, 467, F.I.R.No.154 of 2021, dated 27.09.2021, on the file of Central Crime Station, Hyderabad, U/s.409, 419, 420, 465, 467, 468, 471, R/w.34 IPC, F.I.R. No.157 of 2021, dated 30.09.2021, on the file of Central Crime Station, Hyderabad, U/s. 409, 419, 420, 465, 467,468 and 471, R/w.34 IPC, F.I.R. No.264 of 2021, dated 14.10.2021, on the file of Atkuru Police Station, Vijayawada, U/s.420, 468, 471, 406 of IPC, , and 471, R/w.34 IPC and F.I.R.No.588 of 2021, dated 15.10.2021 on the file of Bhavanipuram Police Station, Vijayawada, U/s.419, 420, 468 of IPC.

4. It is further submitted that with the cooperation of the petitioner to the investigating-authorities, the petitioner was granted bail. However, it is pertinent to mention here that till date, neither the police filed the final reports nor the jurisdictional Courts taken cognizance in any of the cases lodged against the petitioner. Learned counsel for the petitioner would also submit that, respondent No.2 authority has issued the impugned proceedings vide Letter Ref No.SCN/316149133/23, dated 06.11.2023 titled clarifications required regarding passport issuing facilities to the petitioner. The contents of the Impugned proceedings are that the respondent No.2 received an adverse Police verification Report corresponding to the passport of the petitioner, wherein it is stated that the petitioner is involved in a Criminal Case. It is further stated that the Petitioner is directed to submit his explanation at the passport Office, Visakhapatnam within 30 working days of issuance of the Notice. But, neither the Police Verification Report nor the Show-cause Notice are reflecting the criminal cases pending which resulted in the Adverse/Negative Police Verification Report, furnished to the Petitioner.

5. Learned counsel for the petitioner submits that even after receipt of the notice d