IMPORTANT POINT
The right to travel abroad is a fundamental right, and passport issuance cannot be denied solely based on pending criminal cases without proper legal basis.

ORDER :

1. This writ petition is filed claiming the following relief:

“…to issue a Writ, order or direction more particularly one in the nature of writ of Mandamus by declaring the action of Respondent No.3 in not considering the petitioner’s application made for the issuance of passport application No.VJ3066364458524, dated 16.03.2024 as being illegal and arbitrary and contrary to the petitioner’s rights under Article 21 of the Constitution of India and violative of provisions of the Passport Act, 1967 and Passport Rules, 1980 and consequently direct the Respondents to issue the passport to the petitioner forthwith and pass such other order or orders…”

2. The case of the petitioner is as follows:

3. The petitioner herein is working as Quality Analyst at AGS Health Organization, Hyderabad. As a part of his job, he need passport to visit foreign places and in the process, he applied for new passport vide Application Reference No.VJ3066364458524 at Regional Passport Office, Vijayawada, Andhra Pradesh.

4. While so, Respondent No.3 issued a notice dated 16.03.2024 to the petitioner and informed that, in the police verification report, it was found that there are cases pending against the petitioner and also asked for an explanation within 30 days of the receipt of the said notice. Pursuant to which, the petitioner approached before Respondent No.3 on 15.04.2024 and submitted the documents with regard to the pending case.

5. Learned counsel for the petitioner submits that the petitioner herein is falsely implicated in the Crime No.199 of 2020 of Amadaguru Police Station, Amadaguru, Anantapuram District for the offences 8-B-2 APPA, 34(a) APEA read with 34 IPC allegedly possessing of liquor bottles. She further submits that after receiving the notice from Respondent No.3, the petitioner was verified and came to know about the pending of the charge sheet. Thereafter, the petitioner approached before Respondent No.3 and submitted the details in respect of FIR copy and also the C.C.No.1180 of 2023 on the file of the Additional Junior Civil Judge, Kadiri, Ananthapur District, for which Respondent No.3 orally directed the petitioner to get a No Objection Certificate (NOC) from the concerned authorities/Court for issuance of passport and otherwise they will not issue the passport.

6. Learned counsel for the petitioner further submits that the petitioner herein got an offer to travel for job purposes and in the future for further studies passport is required. Therefore, it is necessary to issue passport to the petitioner. Hence the writ petition.

7. Learned counsel for the petitioner further submits that it is the fundamental right of the petitioner to hold a passport and freedom to go abroad as per his wish as held in catena of judgments rendered by the Hon’ble Apex Court particularly in Maneka Gandhi vs. Union of India, 1978 AIR 597.

8. Learned counsel for the petitioner also relied upon the ratio laid down by this Court in Dr. Venkata Rao Vara and Union of India and others, W.P.No.4196 of 2024, dated 20.02.2024. In view of the settled principles of law, the petitioner is entitled for renewal of the passport

9. On the other hand, the learned counsel for Respondent Nos.1 to 3 submitted the written instructions issued by the Respondents, wherein it is stated that the petitioner herein had applied for passport vide file No.VJ3066364458524 on 15.03.2024. The file has been processed under pre-police verification basis.

10. It is further stated that as per Police Verification report, the petitioner/applicant was cited as an accused in the Amadaguru Police Station vide Cr.No.199 of 2020 under Sections 8-B-2, APPA, 34(a) APEA read with 34 IPC and it is PT on Hon’ble ADM Court, Kadiri vide C.C.No.1180 of 2023. As the petitioner suppressed the information about criminal case, the Respondents had issued a show cause notice vide SCN/317390357/24, dated 16.03.2024. No explanation received from the petitioner till date.

11. Learned counsel for the Respondents fur