APHC010372442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 20219/2025 Between:

1. RAPAKA PRASAD BABU, S/O RAPAKA NARASIMHA MURTY, AGE 43 YEARS R/O SANKARAGUPTAM VILLAGE, MALIKIPURAM MANDAL EAST GODAVARI DISTRICT - 533 253 PRESENTLY RESIDING IN ISRAEL ...PETITIONER AND

1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HOME AND EXTERNAL AFFAIRS, MHA, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI

2. THE CONSULATE GENERAL OF INDIA, TEL AVIV, ISRAEL

3. THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE STATION CENTRE, GOVERNERPET M.G.ROAD, VIJAYAWADA, NTR DISTRICT ANDHRA PADESH

4. THE STATION HOUSE OFFICER, MALKIPURAM POLICE STATION MALKIPURAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH.

...RESPONDENT(S):

Counsel for the Petitioner:

1. YASWANTH GADE Counsel for the Respondent(S):

1. GP FOR HOME

2. DIVYA DATLA(CENTRAL GOVERNMENT COUNSEL)

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 20219 of 2025

O R D E R:

This Writ Petition is filed seeking 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 more particularly 2nd and 3rd respondent in not renewing petitioners passport vide application no. 23-2000453812 under the guise of pendency of the F.I.R.No.231 of 2019 on the file of 4th respondent as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the 2nd respondent to re-issue passport in furtherance of application vide no. 23-2000453812 made by the petitioner and to pass …”

2. Contents of the affidavit filed by the writ petitioner, in brief, are that the writ petitioner obtained Passport bearing No. L6796898, which was valid from 31.01.2014 to 30.01.2024. As the writ petitioner’s passport was going to expire on 30.01.2024, he made an application on 03.02.2023 vide Application No. 23- 2000453812 before 2^nd respondent authority for renewal/reissue of the passport along with all requisite documents. However, thereafter there was no update on the application made by the petitioner. On enquiry, it is informed that the application of the petitioner for renewal of passport is pending due to a criminal case in Crime No.231 of 2019 of Malkipuram Police Station registered against the petitioner for the offences punishable under Sections 498A and 312 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The said criminal case does not involve any allegation of violence, fraud, moral turpitude, national security, public order, or international ramifications. It is contended that mere pendency of a criminal case cannot be treated as an automatic disqualification for renewal or reissuance of a passport.

Hence, the Writ Petition.

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

4. Learned Standing Counsel for the Central Government appearing for respondent Nos.1 to 3 would contend that the Writ Petitioner suppressed the fact of registration of FIR in Crime No.231 of 2019 of Malkipuram Police Station for the offences punishable under Sections 498A and 312 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act.

5. Learned Assistant Government Pleader for Home for respondent No.4 reiterated the contention of learned Standing Counsel appearing for respondent Nos.1 to 3 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 43 years, is arrayed as accused in Crime No.231 of 2019 of Malkipuram Police Station registered for the offences punishable under Section 498A and 312 read