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APHC010440772026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

TUESDAY, THE 1^st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24163/2026 Between:

1. K ORADA RAJA BABU, S/O SURYA PRAKASA RAO, AGED 50 YRS, OCC-BUSINESS R/AT H.NO.1-27 VEMULAVALASA , NEAR AIRTEL TOWER, VISAKHAPATNAM 53005 ...PETITIONER AND

1. U NION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS REP., BY ITS SECRETARY, SASTRY BHAVAN, NEW DELHI. 110001

2. T HE REGIONAL PASS PORT OFFICER, REGINAL PASS PORT OFFICE, NEAR P.F. OFFICE, BESIDE RYTHU BAZAR, MARRIPALEM VUDA LAYOUT NAD POST VISAKHAPATNAM.531030

3. T HE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY. 5 3

0001

4. T HE STATION HOUSE OFFICER, GOPALAPATNAM POLICE STATION , VISAKHAPATNAM.- 530027

5. T HE STATION HOUSE OFFICER, IV TOWN POLICE STATION (DWARAKA P.S), VISAKHAPATNAM - 530024 ...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 a Writ or Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents particularly the 2^nd respondent in Not Issuing a Fresh Pass Port in the name of the Petitioner even though he made an application as well as Payment made for the same vide LI Application Reference No.(APN) 26-1063082870 on that the Pass Port Authority refusing to issue a New Fresh Pass Port in the name of the Petitioner, only on the sole ground that the Petitioner is having a case in F.I.R. No. 190/2023 on the file of Gopalapatnann P.S., Visakhapatnam Under Section 420 of I.P.C., which is nothing but denial of Petitioner's Right to Travel abroad on his own choice , all are Illegal, Unlawful, Violtion of Principles of Natural justice ,Violation of Article 14,19,21 of the Constitution of India , Violation of the Apex Court Rulings Consequently to direct the 2nd Respondent Pass Port Authority to Issue a Fresh/New Pass Port in the name of the Petitioner without insisting No Objection Certificate (NOC)

by any manner or what so ever 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 direct the 2^nd Respondent Passport Authority to Issue a Fresh/New Pass Port in the name of the Petitioner without insisting No Objection Certificate (NOC) by any manner or what so ever Counsel for the Petitioner:

1. RAVURI LEELA SAI SAMPATH Counsel for the Respondent(S):

1. GP FOR HOME

2. A RAVINDRA BABU (CENTRAL GOVT COUNSEL)

The Court made the following:

ORDER:

The grievance of the petitioner, in short, is that the passport authorities are not renewing his passport, on the ground of registration of criminal case against him in F.I.R.No.190 of 2023 on the file of Gopalapatnam Police Station, Visakhapatnam.

2. Heard Sri Ravuri Leela Sai Sampath, learned counsel for the petitioner, Sri A.Ravindra Babu, learned Central Government Counsel and Sri V.Farook, learned Assistant Government Pleader for Home for the respondents.

3. Learned counsel for the petitioner, would submit that charge sheet is yet to be filed and mere registration of Crime would not amount to pendency of criminal proceedings before a Criminal Court. Unless a Criminal Proceedings are pending before a Criminal Court as envisaged under Section 6(2)(f) of the Passports Act, 1967, the passport authorities cannot deny renewal of the passport. Thus, the action of the passport authorities is not justified. Hence, prayed to allow the Writ Petition.

4. On the other hand, the learned Assistant Government Pleader for Home would submit that pursuant to the adverse police verification the authorities declined to consider the application submitted by the petitioner for renewal of his passport. Hence, there are no merits in the writ petition and the same deserves dismissal.

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