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2026 Supreme(Online)(AP) 10571

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K Sreenivasa Reddy, J
GOPI REDDY SEELAM – Appellant
Versus
THE UNION OF INDIA – Respondent
WRIT PETITION NO: 1469/2026



Advocates:
For the Appellants/Petitioners: M. Vinod Kumar
For the Respondents: GP FOR HOME, PELLETI RAJESH KUMAR

Pendency of criminal proceedings is not an absolute ground to refuse a passport; applicants can seek court permission under GSR 570(E) to travel abroad, ensuring the procedure is fair and reasonable as per Article 21 of the Constitution.

Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India challenging the inaction of the passport authority in processing his application despite a lapse of 11 months. The matter involves the application of Section 6(2)(f) of the Passports Act, 1967 and Notification GSR 570(E), as the petitioner had pending criminal proceedings, specifically STC No. 315 of 2019 under Sections 3 and 4 of the A.P. Gaming Act. The court found that while the authority may initially hesitate due to pending cases, the law provides a mechanism for exemption. The primary issue is whether the pendency of criminal proceedings constitutes an absolute bar to the issuance of a passport. The court reasoned that the right to travel abroad is a fundamental right under Article 21, and any procedure for its deprivation must be fair, just, and reasonable. Relying on judicial precedents, the court held that mere pendency of a criminal case is not a sufficient ground to refuse a passport, and under GSR 570(E), an applicant can obtain permission from the concerned court to travel abroad. The petitioner herein is permitted to submit his explanation to the show cause notice issued by the respondent authorities, as expeditiously as possible, within a period of one week from the date of receipt copy of this order. Thereupon, respondent authorities are directed to consider the same in accordance with law and pass appropriate orders within a period of two weeks thereafter.

Table of Content
1. facts regarding passport application delay and the impact of pending criminal cases. (Para 1 , 2 , 3 , 4 , 5)
2. legal procedure for passport issuance during pending trials under the passports act and gsr 570(e). (Para 6 , 10)
3. right to travel as a fundamental right requiring fair and reasonable procedure. (Para 7 , 8 , 9)
4. direction to process passport application upon submission of explanation. (Para 11 , 12 , 13)

##PAGE1##

2026:APHC:27042

APHC010019202026

IN THE HIGH COURT OF ANDHRA

PRADESH

[3327]

AT AMARAVATI

(Special Original Jurisdiction)

TUESDAY, THE THIRD DAY OF MARCH

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

WRIT PETITION NO: 1469/2026

Between:

1. GOPI REDDY SEELAM, S/O. SRINIVASA REDDY

SEELAM, AGED ABOUT 23 YEARS, R/O. 7-23, PEDDA

BANDA BAZARU,GOTTUMUKALA, KANCIKACHERLA,

NTR DISTRICT 521 180, A P

...PETITIONER

AND

1. THE UNION OF INDIA, REP. BY ITS SECRETARY,

PASSPORT AND VISA DIVISION MINISTRY OF

EXTERNAL AFFAIRS, NEW DELHI

2. THE REGIONAL PASSPORT OFFICER, 4 FLOOR, STAIN

CENTER, D NO. 27-37-158, GOVERNORPET, M G ROAD,

VIJAYAWADA 520 002 ANDHRA PRADESH

3. THE STATION HOUSE OFFICER, KANCHIKACHERLA

POLICE STATION KANCHIKACHERLA, KRISHNA

DISTRICT

...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 toPleased to issue a writ, order or

direction more particularly one in the nature of writ of Mandamus,

declaring the action of the 2nd respondent in not processing my

application dated 24.12.2024, Application Reference.No. ARN 24

-1015550353 Application ID No. 100023484689624, for issue of

passport though 11 months are lapsed is illegal, Improper,

##PAGE2##

SRK, J

2 W.P.No.1469 of 2026 2026:APHC:27042

violation of principles of natural justice and violation of

Fundamental Rights under Article 14,19 and 21 of the

Constitution of India and consequently direct the 2nd respondent

to issue passport in favour of petitioner and to pass

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 pleased to direct the 2nd

respondent to consider the application of petitioner for issue of

passport vide Application Reference No. ARN 24 -1015550353

Application ID No. 100023484689624, pending disposal of the

above Writ Petition and to pass

Counsel for the Petitioner:

1. M.VINOD KUMAR

Counsel for the Respondent(S):

1. GP FOR HOME

2. PELLETI RAJESH KUMAR (CENTRAL GOVERNMENT

COUNSEL)

The Court made the following:

##PAGE3##

SRK, J

3 W.P.No.1469 of 2026 2026:APHC:27042

HON’BLE SRI JUSTICE K. SREENIVASA REDDY

WRIT PETITION No.1469 of 2026

ORDER:

Heard learned counsel for petitioner and learned counsel

appearing for respondents.

2. The present Writ Petition has been filed seeking the

following relief:

To declare the action of the respondent No.2 in not

processing the application of petitioner dated 24.12.2024,

application reference No.ARN 24- 1015550353, application

ID No.100023484689624, for issuance of passport though

11 months are lapsed, as illegal and arbitrary, and

consequently direct the 2nd respondent to issue passport in

favour of petitioner.

3. Case of petitioner is that he is permanent resident of

Gottumukkala, Kanchikacherla, NTR District. He applied for

passport on 28.06.2023. Later, he received letter from 2nd

respondent stating that as per police verification, he was involved

in five criminal cases, and it was directed to furnish case

clearance proof or NOC to travel abroad from the same Court

where criminal proceedings are pending in person and issued

notice to submit explanation with documents to the

Visakhapatnam passport office, in person, before 30 working

days on any working day from Monday to Friday. Though he

visited the office of 2nd respondent at Visakhapatnam and stated

that except the Crime No.136 of 2018 of Kanchikacherla Police

Station, no other cases are pending, his case is not considered

for issuance of pas

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