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 declaring the action of the Respondents in not renewing the passport of the petitioner (Passport No.L8717426) as per application No.VJ807612870 4324, dated 04.01.2024 as illegal, arbitrary and consequently direct the Respondents to renew and issue the passport to the petitioner and to pass such other order or orders...”

2. The case of the petitioner is as follows:

3. The petitioner herein applied for Passport and the same has been issued on 29.04.2014 vide Passport No.L8717426. The said passport was set to expired on 24.04.2024. Then, the petitioner applied for renewal of passport before Respondent No.5 vide Application file No.VJ8076128704324, dated

04.01.2024.

4. While so, Respondent No.3 sent a letter dated 07.03.2024 to the petitioner stating that in the Police verification report it is informed that the petitioner herein is accused / convicted in criminal / Court case and asked the petitioner to submit an explanation and the required documents to Respondent No.4 / Enquiry Officer at Vijayawada within 30 days. Pursuant to which, the petitioner submitted an explanation to the Passport authorities / Respondent Nos.3 and 4 on 22.03.2024 and sent the same through Registered Post with Acknowledgement Due (RPAD) and the same was served upon Respondent Nos.3 and 4 on 26.03.2024. Even after receipt of the explanation from the petitioner, the Respondents / the Passport Authorities neither considered the petitioner’s application nor renewed the passport of the petitioner.

5. Learned counsel for the petitioner submits that the petitioner is falsely implicated in a Criminal Case as Accused No.23 basing on the confession of co-accused in Crime vide Crime No.136 of 2019 of Bangarupalyam Police Station and the petitioner had not received any notices/summons regarding the said Criminal Case. So far, the crime has not been taken into cognizance by the Criminal Court concerned and charge sheet is not yet numbered. He further submits that the case is pending before the Hon’ble Special Court for Judicial Magistrate of I Class for Trial of cases related to Red Sanders smuggling, Tirupati and the case is still at PRC stage only i.e. vide PRC No.1125 of 2023.

6. Learned counsel for the petitioner further submits that the right to travel is indeed a fundamental right and it cannot be deprived off under Article 21 of the Constitution of India.

7. On the other hand, the learned counsel for the Respondents submitted the written instructions issued by the Respondents, wherein it is stated that the petitioner herein has applied for re-issue of Passport No.L8717426 vide File No.VJ8076128704324 on 04.01.2024 and the file has been processed under pre-police verification basis.

8. It is further stated that pursuant to the police verification report dated 19.01.2024, the applicant / the petitioner involved in Cr.No.136 of 2019 under Sections 379, 447, 427, 414 read with 34 IPC, Section 20 (1)(d)(1) read with 20(1)(C)(ii)(iii)(iv)(ix)(x), Section 36 read with 32 A of Forest Act at Bangarupalem Police Station. Now the case is pending before the Hon’ble Special Court for Judicial Magistrate of 1st Class Trail of cases regarding red sanders smuggling, Tirupathi vide PRC.No.1125 of 2023.

9. It is further stated that due to the petitioner / applicant suppress the information about Criminal Case, the Respondents issued Show Cause Notice vide SCN/317295775/24, dated 07.03.2024.

10. Having heard the submissions of the respective counsel, in our view, it is appropriate to look into the relevant provisions of the Passport Act, 1967, as extracted herein under:

“Section 6(2): Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub- section (2) of section 5 on any one or more of the following grounds,