Andhra Pradesh High Court - Amravati
Addanki Deepak Kumar vs The Union Of India on 24 September, 2025
APHC010497482025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3459]
(Special Original Jurisdiction)
WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 25788/2025
Between:
1. ADDANKI DEEPAK KUMAR, S/O ADDANKI VIJAYA KUMAR, AGED
ABOUT 34 YEARS, OCC PRIVATE EMPLOYEE, R/O 13-11-22/2,
ST.ANNS SCHOOL, KOBBARITHOTA, WARD NO.29
TADEPALLIGUDEM, WEST GODAVARI DISTRICT, ANDHRA
PRADESH
...PETITIONER
AND
1. THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS,
REPRESENTED BY ITS PRINCIPAL SECRETARY SOUTH BLOCK,
NEW DELHI-110 001.
2. THE REGIONAL PASSPORT OFFICER, VISAKHAPATNAM, ANDHRA
PRADESH.
3. THE ARUNDALPET P S, GUNTUR DISTRICT, REP BY ITS STATION
HOUSE OFFICER
...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 reissuing the passport of the Petitioner citing pendency of
Crime.No.504 of 2025 dated 15.08.2025 on the file of Arundalpet P.S, Guntur
District, Andhra Pradesh as being illegal, arbitrary and contrary to the
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JS, J
W.P.No.25788 of 2025
provisions of the Passport Act, 1967 and the Passport Rules, 1980 and also
in violation of Article 21 of the Constitution of India and Consequently direct
the 2ND Respondent to reissue the passport of the Petitioner and further
direct the Respondent No.2 herein to permit the petitioner to travel abroad
and pass s
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
pleased to direct the 2ND Respondent to permit the Petitioner to travel
abroad, pending disposal of the Writ Petition and pass
Counsel for the Petitioner:
1. AJAY KUMAR KANAPARTHI
Counsel for the Respondent(S):
1. GP FOR HOME
2.
The Court made the following:
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JS, J
W.P.No.25788 of 2025
ORDER:
The present writ petition is filed under Article 226 of Constitution of India seeking the following relief:
"...to 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 reissuing the passport of the Petitioner citing pendency of Crime. No.504 of 2025 dated 15.08.2025 on the file of Arundalpet P.S, Guntur District, Andhra Pradesh, as being illegal, arbitrary and contrary to the provisions of the Passport Act, 1967 and the Passport Rules, 1980 and also in violation of Article 21 of the Constitution of India and Consequently direct the 2nd Respondent to reissue the passport of the Petitioner and further direct the Respondent No.2 herein to permit the petitioner to travel abroad and pass..." (in verbatim)
2. Learned counsel for the petitioner submits that the petitioner is holding a valid passport up to 22.12.2026. However, since all the pages in the passport have been exhausted, the petitioner has submitted an application dated 12.08.2025, vide Application Reference No.25-1058889656, to the 2nd respondent for re-issuance of his passport under the Tatkal quota.
3. Learned counsel further submits that the 2nd respondent has refused to re-issue the passport on the ground that the petitioner is involved in Crime No.504 of 2025, dated 15.08.2025, registered at Arundalpet Police Station, Guntur, for offences under Sections 85, 79 read with 3(5) of the Bharatiya 4 JS, J W.P.No.25788 of 2025 Nyaya Sanhita (BNS), and Sections 3 and 4 of the Dowry Prohibition Act (DPA). It is contended that since the case is still at the crime stage, the respondents have declined to issue the passport.
4. Learned counsel for the petitioner contends that the mere pendency of a criminal case does not, by itself, constitute a bar to the renewal or re- issuance of a passport, and relies on the judgment of this Court in W.P. No. 34656 of 2022, wherein the Court categorically observed as follows:
"19. Having heard the submissions of the respective counsel, in our view, it is appropriate to look into the relevant provisions of the Passport Act, 1967, as extracted hereinunder:
Relevant provisions of issue and renewal of passports:
Section 6(2): Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely: -
(a) that the applicant is not a citizen of India.,
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India.,
(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;
(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;
(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and 5 JS, J W.P.No.25788 of 2025 sentenced in respect thereof to imprisonment for not less than two years;
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;
(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest. The refusal of a passport can be only in case where an applicant is convicted during the period of 5 years immediately preceding the date of application for an offence involving moral turpitude and sentence for imprisonment for not less than two years.
Section 6(2)(f) relates to a situation where the applicant is facing trail in a criminal court.
The grounds on which the renewal of the passport of the petitioner is being refused could at best fall within Section 6(2)(f) of the Passport Act, 1967.
20. Section 2(f) of the Passport Act, 1967, has been considered on several occasions by the Hon‟ble Apex Court and High Courts."
5. Learned Assistant Government Pleader for Home, appearing for the 3rd respondent, on instructions, submits that the case in Crime No. 504 of 2025, 6 JS, J W.P.No.25788 of 2025 on the file of Arundalpet Police Station, Guntur, is still under investigation. Since the case is at the crime stage, it is open to the Passport Authorities to take an appropriate decision and pass suitable orders.
6. The High Court of Judicature at Madras, in its order dated 04.02.2021 in W.P. No.20058 of 2020, held as follows:
"As rightly held by this Court, in the decision cited supra, mere pendency of F.I.R. cannot be a legal basis for denial of issuance of a regular Passport the petitioner. Though the petitioner has approached the learned Judicial Magistrate, Valliyoor, seeking issuance of Passport, this Court is unable to understand as to what prompted the petitioner to approach the learned Judicial Magistrate, Valliyoor, when no criminal case is pending against him. In any event, though ill-advisedly the petitioner had approached the learned Judicial Magistrate, Valliyoor, nevertheless the first respondent cannot issue Passport to the petitioner only for a limited period of one year, which resulted in negation of right of the petitioner to have a regular Passport in order to secure employment abroad".
7. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, with a direction to the 3rd respondent to consider and process the petitioner application for re-issuance of passport strictly in accordance with the provisions of the Passports Act, 1967 and Rule 12 of the Passport Rules, 1980, without reference to Crime No.504 of 2025, on the file of Arundalpet Police Station, Guntur. There shall be no order as to costs.
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JS, J W.P.No.25788 of 2025 As a sequel, miscellaneous applications pending, if any, shall stand closed.
__________________________________ JUSTICE SUMATHI JAGADAM th 24 September, 2025 cbn 8 JS, J W.P.No.25788 of 2025 152 THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WP No.25788 of 2025 24th September, 2025 cbn