APHC010105782026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]

(Special Original Jurisdiction)

MONDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 5942/2026 Between:

1. PEDIREDIA SAGAR,, S/O NAGESWARA RAO AGED 23 YEARS,R/O 71-31-16/1,ALLURI SEETARAMA RAJU STREET,NEAR HANUMAN TEMPLE, VISAKHAPATNAM, ANDHRA PRADESH,PIN 530011 ...PETITIONER A N D

1. UNION OF INDIA, ,REP.BY ITS SECRETARY MINISTRY OF EXTERNAL AFFAIRS,SOUTH BLOCK SECRETARIAT, RAISING HILLS,NEW DELHI.

2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, VISAKHAPATNAM,NEARP.F- OFFICE,BESIDERYTHU BAZAR,MARRIPALEM,VUDA LAYOUT, NAD POST,VISAKHAPATNAM-530009

3. THE STATION HOUSE OFFICER, III TOWN POLICE STATION,VISAKHAPATNAM CITY VISAKHAPATNAM.PIN-

530003 ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of mandamus declare the action of the respondents in not considering the passport of the petitioners vide application NO.VS05C5002125523 dated 05-05-2025 due to the pendency of the Criminal case No.Crime No.456/2022 on the file of III Town police station, Visakhapatnam City is highly arbitrary, illegal, improper, contrary to law and against the principles of natural justice and in violation of Articles 14,19,21 of the constitution of India and also against the passport Act ,1967 and rules therein and consequently direct the respondents to issue passport IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents forthwith to issue the passport to the petitioner pending disposal of the above writ petition Counsel for the Petitioner:

1. M. SAPTHAGIRI Counsel for the Respondent(S):

1. GP FOR HOME

2. VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL)

The Court made the following:

O R D E R:

This Writ Petition was filed seeking the following relief:

“…to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus, declare the action of the respondents in not considering the petitioner’s passport application vide No.VS05C5002125523 dated 05.05.2025 due to the pendency of Crime No.456 of 2022 of III Town Police Station, Visakhapatnam city as arbitrary, illegal, improper, contrary to law and against the principles of natural justice and in violation of Articles 14, 19 and 21 of the Constitution of India and consequently, direct the respondents to issue passport 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 native of Visakhapatnam District; he studied B.Com., and was doing a private job; that a case in Crime No.456 of 2022 of III Town Police Station, Visakhapatnam city for the offences punishable under Sections 3 and 4 of the Andhra Pradesh Gaming Act, 1974 (for brevity ‘the Act, 1974’) was registered against the Writ Petitioner and other persons; that the Writ Petitioner is arrayed as accused No.9 in the said crime, and investigation is pending in the said case.

(b) The Writ Petitioner applied for Passport before 2^nd respondent, but as the aforesaid crime was registered and investigation is pending, the Writ Petitioner was denied to issue passport. The Writ Petitioner is a law abiding citizen and he got an offer to travel officially in regard to work related purpose; that mere pendency of a crime cannot be treated as an automatic disqualification for issuance of a Passport. Hence, the Writ Petition.

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

4. Sri Venna Hemanth Kumar, learned counsel for the Central Government appearing for respondent Nos.