Pendency of criminal proceedings does not automatically bar passport renewal; restrictions on rights must be just and legal, emphasizing individual liberty under Article 21.

ORDER :

K.SREENIVASA REDDY, J.

1. This Writ Petition was filed seeking the following relief:

“…to issue a Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents particularly, 2^nd respondent renewed the petitioner’s Passport vide Passport No:M1796691 for a period of One year i.e. from 31.07.2025 to 30.07.2026 in connection with renewal of Passport application as per the Orders of the V Additional Judicial Magistrate of First Class at Tirupati in Crl.M.P.No.1286 of 2025 in C.C.No.288 of 2024, dated 03.07.2025 instead of renewal of Passport as prescribed for 5/10 years as per the Amended PASSPORT ACT , even though there is no specific period was fixed by the Court in Crl.M.P.No.1286 of 2025, as illegal, unlawful, violation of principles of natural justice, violation of Hon’ble Apex Court rulings, violation of 2^nd respondent Passport Authority to renew the petitioner’s Passport No.M1796691 for a period of Ten years as per the prescribed period and as the Amended PASSPORT ACT and pass such other order or orders …”

2. Contents of the affidavit filed by the Writ Petitioner, in brief, are that the Writ Petitioner is a businessman, used to travel abroad once or twice in a month for the purpose of his business and he obtained Passport bearing No.M1796691; that the said Passport was issued for a period of Ten (10) years and it was expired by 31.08.2024; that when the Writ Petitioner applied for renewal of Passport, the Passport Authority took an objection that Calendar Case No.288 of 2024 on the file of the V Additional Judicial Magistrate of First Class, Tirupati has been pending; that the Writ Petitioner filed Writ Petition No.24110 of 2024 on the file of this Court seeking direction to renew the Passport and this Court disposed the said Writ Petition directing the Jurisdictional Court to pass appropriate orders on the application made by the Writ Petitioner.

(b) The Writ Petitioner filed Crl.M.P.No.1286 of 2025 in C.C.No.288 of 2024 on the file of the V Additional Judicial Magistrate of First Class, Tirupati and it was allowed vide Order, dated 03.07.2025 directing the Passport Authority to renew the Passport of the Writ Petitioner; that subsequently, the Passport of the Writ Petitioner was renewed only for a period of One (01) year i.e., from 31.07.2025 to 30.07.2026. The renewal of Passport for One (01) year would not serve any purpose to the Writ Petitioner.

Hence, the Writ Petition.

3. During arguments, learned counsel for the Writ Petitioner reiterated the contentions raised in the Writ Petition affidavit.

4. Learned Standing Counsel for the Central Government appearing for respondent Nos.1 and 2 would contend that the offences alleged against the Writ Petitioner are under Sections 420 , 468 and 471 of the Indian Penal Code, 1860 (for brevity " IPC ‟) and, if the Passport of the Writ Petitioner is renewed for Ten (10) years, it would hamper the trial proceedings pending on the file of the Jurisdictional Magistrate.

5. Learned Assistant Government Pleader for respondent Nos.3 to 5/Home reiterated the contention of learned Standing Counsel appearing for respondent Nos.1 and 2 and further contended that, if the passport of the Writ Petitioner is renewed, there is every likelihood of Writ Petitioner fleeing away from case trial.

6. Perused the entire material available on record.

7. A perusal of entire material on record goes to show that Writ Petitioner, who is aged about 55 years, is arrayed as ac