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2026:APHC:29335

APHC010004892026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3327]

(Special Original Jurisdiction)

TUESDAY, THE THIRD DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

WRIT PETITION NO: 1292/2026

Between:

1. PRAKASH PIDATHALA NARASIMHA SURYA, S/O LATE

P. DAKSHINA MURTHY, AGED ABOUT 55 YEARS, OCC

ADVOCATE, R/O D.NO.27-48/32-1, SHIRIDI SAI NAGAR,

COURT ROAD, PUNGANURTOWN AND MANDAL,

CHITTOOR DISTRICT, PRESENTLY ANNAMAYYA

DISTRICT.

...PETITIONER

AND

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

SECRETARY, MINISTRY OF EXTERNAL AFFAIRS,

SOUTH BLOCK, SECRETARIAT, RAISINA HILL, NEW

DELHI, INDIA.

2. THE REGIONAL PASSPORT OFFICER, C/O REGIONAL

PASSPORT OFFICE, STAIN CENTRAL, D.NO.27-37-158,

GOVERNORPET, MG ROAD, VIJAYAWADA.

3. THE STATION HOUSE OFFICE, PUNGANUR URBAN

POLICE STATION, PUNGANUR, CHITTOOR DISTRICT,

PRESENTLY ANNAMAYYA DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

1. P V VENKATA RAVI SANKAR and Dr. P.B Reddy

Counsel for the Respondent(S):

1. GP FOR HOME

2. KAMINI VENKATESWARLU (CENTRAL GOVT COUNSEL)

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2 WP No.1292 of 2026

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

WRIT PETITION NO: 1292/2026

ORDER:

The present Writ Petition has been filed seeking to declare

the action of 2^nd respondent in issuing Letter in

Ref.No.SCN/1052806220/25, dated 17.12.2025, as illegal and

arbitrary and consequently to set aside the same and direct 2^nd

respondent to renew the Passport of the petitioner.

2. Case of the petitioner is that 2^nd respondent issued a

Passport bearing No.N3997694 to the petitioner on 26.10.2015

with a validity for a period of ten years. As the passport issued in

favour of the petitioner was going to expire on 25.10.2025, he

submitted an application dated 21.03.2025 before the

Respondent Authorities seeking for renewal of the passport.

Thereafter, the petitioner attended for enquiry and produced all

the relevant documents for renewal of the passport.

3. While so, the petitioner received a letter dated 17.12.2025

from 2^nd respondent, wherein it is stated that on police

verification, it was found that the petitioner has been arrayed as

an accused in Crime No.399 of 2024 of Punganur Police Station,

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3 WP No.1292 of 2026

registered for the offences punishable under Sections 335, 336(2)

and 336(4) of BNS and called upon the petitioner to submit

proper explanation within 30 days.

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

335, 336(2) and 336(4) of BNS and, if the Passport of the Writ

Petitioner is renewed for five (5) years, it would hamper the

investigation in Crime No.399 of 2024 of Punganur Police Station.

5. Perused the entire material available on record.

6. A perusal of entire material on record goes to show that

Writ Petitioner is arrayed as accused in Crime No.399 of 2024 of

Punganur Police Station, registered for the offences punishable

under Sections 335, 336(2) and 336(4) of BNS.

7. It is the specific contention of Writ Petitioner that the Writ

Petitioner was falsely implicated as accused in the said case and

that the Writ Petitioner is always available for investigation/trial of

the aforesaid case, and would not flee away from justice. It is the

specific case of the Writ Petitioner that pendency of criminal case

against the Writ Petitioner should not lead to denial of passport

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4 WP No.1292 of 2026

facilities and further that Writ Petitioner’s passport has to be

renewed for a period of five (05) years.

8. Section 5 of the Passports Act, 1967 deals with application

for obtaining a passport. Section 6 thereof deals with refusal of a

passport. Section 6 (2) (f) of the Passports Act, 1967

contemplates that the passport issuing authority shall be bound to

reject the application for issuance of a passport, if criminal

proceedings are pending in any Court in India. The Government

of India iss