Vidadala Rajini vs The Union Of India on 15 May, 2025

Andhra Pradesh High Court – Amravati

Vidadala Rajini vs The Union Of India on 15 May, 2025

APHC010245302025
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI             [3506]
                          (Special Original Jurisdiction)

             THURSDAY, THE FIFTEENTH DAY OF MAY
               TWO THOUSAND AND TWENTY FIVE

                               PRESENT

   THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN

                     WRIT PETITION NO: 12388/2025

Between:

Vidadala Rajini                                     ...PETITIONER

                                 AND

The Union Of India and Others                  ...RESPONDENT(S)

Counsel for the Petitioner:

1. K NARSI REDDY

Counsel for the Respondent(S):

1. MALLAMPALLI SRINIVAS(CENTRAL GOVT COUNSEL)
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W.P.No.12388 of 2025

The Court made the following order:

This Writ Petition is filed under Article 226 of the Constitution

of India for the following relief/s:-

“…to issue a Writ, Order or Direction, more particularly one in the
nature of a Writ of Mandamus declaring the action of the 2nd
Respondent in not reissuing the Passport in pursuance of the
petitioner’s application for reissuance of passport bearing No.
M5406148 vide file No.VJ2077506715725, (Application reference
No.25-1003040495) dated 22.03.2025 on the ground FIRs’ are
registered and investigation is pending against the petitioner as
illegal, arbitrary, unjust, unreasonable and violative of Articles 14,
19 and 21 of the Constitution of India and contrary to the
provisions of Passport Act, 1967 and consequently direct the
Respondents to renew the passport bearing No.M5406148 of the
petitioner forthwith and pass such other order or orders….”

2. Petitioner has submitted an application for renewal of

passport, which is due to be expired on 18.08.2025. The 2nd

respondent has issued notice dated 01.05.2025, seeking clarification

regarding issuance of passport, inter-alia, seeking for information

with respect to three (03) crimes vide (1) Crime No.145 of 2024 of

Arundalpet Police Station, Guntur District, (2) Crime No.294 of 2024

of Chilakaluripet Town Police Station, Palnadu District and (3) Crime

No.39 of 2025 of Chilakaluripet Town Police Station, Palnadu

District, pending against petitioner. Petitioner immediately on the

same day has provided the copies of aforesaid crimes and also

brought to their notice yet another crime vide F.I.R.No.01/RCO-CIU-

ACB/2025 of Central Investigation Unit, Vijayawada, Krishna District,

has been registered against the petitioner on 22.03.2025 and

informed that the investigation is going on and as of now no charge
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W.P.No.12388 of 2025

sheets have been filed against the petitioner in any of the aforesaid

crimes. Despite the same, the respondent No.2 has not renewed

the passport. Aggrieved by the same, petitioner preferred present

writ petition.

3. Heard Sri K.Narsi Reddy, learned counsel for the petitioner

and Sri Mallampalli Srinivas, learned counsel for the respondents.

4. Learned counsel for the petitioner submits that as all the four

(04) crimes referred to above are only at the stage of investigation

and no charge sheets have been filed, the prohibition envisaged

under Section 6 (2)(f) of Passport Act, 1967 (hereinafter for short the

‘Act1’), does not apply. Therefore, respondents are not justified in

withholding the renewal of passport. He places reliance on the

judgment rendered by the Coordinate Bench of this Court in

W.P.No.13184 of 2024, dated 09.05.2025, which considered the

similar issue.

5. Per contra, Sri Mallampalli Srinivas, learned counsel for the

respondents placed on record written instructions stating that during

the course of verification, as respondent No.2 found that certain

crimes are pending against the petitioner, clarification was sought for

with respect to status of same. As the petitioner has submitted the

required information, the same has been once against sent for
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W.P.No.12388 of 2025

re-verification, which is stated to be pending for consideration for the

purpose of processing the application for renewal.

6. The law on this aspect is well settled. Section 6(2)(f) of the

Act, empowers respondents to refuse, renewal or issuance of

passport only in case a case is pending before the criminal Court,

but not at the stage of investigation. In the judgment referred to by

the learned counsel for the petitioner, after considering the aforesaid

provision and also the judgment rendered by the Hon’ble Apex Court

and Division Bench of this Court in W.A.No.383 of 2024, directions

were issued for renewal of passport.

7. In view of the same, as in the present case also no charge

sheets are filed with respect to four (4) crimes referred to above,

mere pendency of such criminal cases is not a bar for renewal of

passport.

8. In these circumstances, the Writ Petition is disposed of,

directing the respondent No.2 to renew/re-issue the passport of the

petitioner, in pursuance to application made vide VJ2077506715725,

(Application Reference No.25-1003040495) dated 22.03.2025,

without reference to crimes (1) Crime No.145 of 2024 of Arundalpet

Police Station, Guntur District, (2) Crime No.294 of 2024 of

Chilakaluripet Town Police Station, Palnadu District, (3) Crime No.39

of 2025 of Chilakaluripet Town Police Station, Palnadu District and
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W.P.No.12388 of 2025

(4) F.I.R.No.01/RCO-CIU-ACB/2025 of Central Investigation Unit,

Vijayawada, Krishna District. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, shall

stand closed.

______________________________________
JUSTICE CHALLA GUNARANJAN

Date: 15.05.2025
KBN/CVD