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2026 Supreme(Online)(AP) 17313

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Battu Devanand, J
VENKATESH PILLALA – Appellant
Versus
THE UNION OF INDIA – Respondent
WRIT PETITION NO: 5662/2026



Advocates:
For the Appellants/Petitioners: Eluru Sesha Mahesh Babu
For the Respondents: GP FOR HOME, Kumbhajadala Kaushik

Passport authorities must consider passport applications even if criminal proceedings are pending, provided the applicant submits a court-verified undertaking not to leave the country without permission and deposits the passport with the trial court.

Headnote:(A) Passport Issuance - Pending Criminal Proceedings - The Passport Authorities are directed to consider applications for issuance, re-issuance, or renewal of passports regardless of pending criminal proceedings, provided the applicant submits an undertaking and affidavit to the trial court affirming they will not leave the country without permission and will cooperate with the trial. (Para 1)

(B) Procedural Compliance - Deposit of Passport - Upon renewal, the passport must be deposited with the concerned trial court, and travel abroad requires specific permission from said court. (Para 1)

Issues: Whether the passport authority can refuse to issue a passport on the grounds of pending criminal proceedings.

Table of Content
1. passport issuance is permissible despite pending criminal cases subject to court-monitored conditions and undertakings. (Para 1 , 2)

(Special Original Jurisdiction)

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 respondents more particularly Respondent No. 2, for not considering the explanation submitted by the petitioner dated 31.01.2026 submitted in response to the notice issued dated 12.01.2026 by the 2nd Respondent in relation to the issuance passport. The authority had directed to submit the explanation, as there was a criminal case in C.C. No. 3789 of 2019 is pending on the file of the Hon'ble IV Additional Chief Metropolitan Magistrate, Vijayawada, regardless of the explanation submitted as on today no orders has been passed, which is highly illegal, arbitrary, improper and violation of Principles of Natural Justice apart from violate of article 14, 16 and 21 of the Constitution of India and consequently direct the 2nd respondent to consider the explanation submitted by the petitioner dated 31.01.2026 for issuance of passport as per the provisions of Passport Act, 1967, and 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 respondents to approve the pending application of the petitioner for issuance of passport vide Application No. VS4065906162525, dated 11.11.2025 or alternatively subject to such condition pending main Writ Petition and pass

IA NO: 2 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 May be pleased to amend the main prayer portion in the Writ Petition as follows The petitioner herein prays that this Hon’ble Court may be pleased to issue a Writ, order or cjirection more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly Respondent No. 2, for not considering the explanation submitted by the petitioner dated 31.01.2026 submitted in response to the notice issued dated 12.01.2026 by the 2nd Respondent in relation to the issuance passport. The authority had directed to submit the explanation, as there was a criminal case in C.C. No. 3789 of 2019 is pending on the file of the Hon’ble IV Additional Chief Metropolitan Magistrate, Vijayawada, regardless of the explanation submitted as on today no orders has been passed, which is highly illegal, arbitrary, improper and violation of Principles of Natural Justice apart from violate of article 14, 16 & 21 of the Constitution of India and consequently direct the 2nd respondent to consider the explanation submitted by the petitioner dated 31.01.2026 for issuance of passport as per the provisions of Passport Act, 1967, and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. INSTEAD OF ABOVE “ the petitioner herein prays that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents, more particularly Respondent No.2, in issuing a fresh passport to the petitioner vide Application No. VS4065906162525 dated 11.11.2025 on ground that there is criminal cases pending against the petitioner, even after receiving explanation submitted by the petitioner dated 31.01.2026, as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India, and consequently direct the respondents to issue fresh passport to the petitioner, subject to such conditions as this Hon’ble Court may deem fit and proper in t

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