Andhra Pradesh High Court - Amravati
Ambati Nava Kumar vs Union Of India on 9 October, 2025
APHC010537892025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3459]
(Special Original Jurisdiction)
THURSDAY, THE NINTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 27783/2025
Between:
1. AMBATI NAVA KUMAR, S/O MATTA RAO AMBATI, AGED ABOUT 42
YEARS, OCCUPATION. POLITICIAN, SOCIAL ACTIVIST,
PRESENTLY SERVING AS THE STATE OFFICIAL SPOKESPERSON
FOR THE BHARATIYA JANATA PARTY, ANDHRA PRADESH STATE,
RE SIDING AT H.NO. 7/180, RAMALAYAM STREET, DACHAPALLI,
PALNADU DISTRICT, ANDHRA PRADESH.
...PETITIONER
AND
1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS,
REPRESENTED BY ITS SECRETARY, NEW DELHI.
2. THE REGIONAL PASSPORT OFFICER, MINISTRY OF EXTERNAL
AFFAIRS, REGIONAL PASSPORT OFFICE, HYDERABAD, ANDHRA
PRADESH.
...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 of Mandamus, declaring the action of the 2nd respondent in rejecting the petitioner's passport renewal application on the ground of pendency of Crime No.392/2019 of Dachapalli Police Station, Palnadu District, as arbitrary, illegal and violative of Articles 14, 19 and 21 of the Constitution of India and contrary to the provisions of the Passport Act, 1967, and consequently direct the 2nd respondent to renew the passport of the petitioner forthwith, subject to the petitioner filing an undertaking before this Hon'ble Court as well as before the trial Court concerned that he will 2 JS,J W.P.No.27783/2025 appear on all dates of hearing and will not misuse the passport for any illegal purpose and pass IA NO: 1 OF 2025 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 2nd respondent to process the petitioner's application for renewal of passport, subject to the petitioner filing an undertaking, and pass Counsel for the Petitioner:
1. KONA N.D.V.RAMANA RAO Counsel for the Respondent(S):
1. 3
JS,J W.P.No.27783/2025 The Court made the following ORDER:
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.
2. The petitioner is a citizen of India and applied for renewal of his passport under application No.25-1057599722. The 2nd respondent rejected the said application on the ground that crime No.392 of 2019 is pending on the file of the Dachapalli Police Station, Palnadu District, against the petitioner.
3. Learned counsel for the petitioner submits that the petitioner was listed as Accused No.1 in a private complaint. The police has submitted a charge sheet, vide C.C. No.316 of 2025, on the file of the Principal Junior Civil Judge, Gurazala.
4. Learned counsel for the petitioner submits that mere pendency of a criminal case is not a ground to deny reissuance of a passport, and relied on the following decisions of the Hon'ble Apex Court:
i) In Maneka Gandhi v. Union of India 1, it is observed that the right to travel Abroad is a fundamental right.
ii) In Satwant Singh Sawhney v. D. Ramarathnam, Assistant Passport Officer, New Delhi and Others2 it is observed that no person can be deprived of a passport except in accordance with law.
iii) In Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation3, the Hon'ble Apex Court held that mere pendency of criminal cases cannot be a ground to deny renewal of passport.
5. On the other hand, the learned Standing Counsel submits that the Principal Junior Civil Judge, Gurazala, took cognizance of the case in 1 (1978) 1 SCC 248 2 AIR 1967 SC 1836 3 2021 SCC OnLine SC 3549 4 JS,J W.P.No.27783/2025 C.C.No.316 of 2025. Therefore, the petitioner may approach the competent Court for the issuance of the passport.
6. The learned counsel for the petitioner, in reply, submitted that liberty may be granted to the petitioner to approach the jurisdictional Court.
7. Since cognizance is already taken by the trial Court, this Court feels it appropriate to dispose of the writ petition by directing the petitioner to approach the competent jurisdictional Court and file an application for renewal of his passport. Upon filing such an application, the jurisdictional Court shall pass an appropriate order specifying the period, in accordance with Rule 12 of the Passport Rules, 1980.
8. Accordingly, the Writ Petition is disposed of. No order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
__________________________________ JUSTICE SUMATHI JAGADAM Dated: 09.10.2025 KAS 5 JS,J W.P.No.27783/2025 116 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 27783/2025 Dated: 09.10.2025 KAS