Partly allowed¶57

Lakshmi Sowjanya Koya v. the Union of India

Andhra Pradesh HC3 Apr 2025WP/142/2025

Case brief

AI extract

What is this about?

Passport renewal validity period; criminal case pending (Cr. No.07 of 2020; FIR registered, no charge sheet); Notification GSR 570(E) dated 25.08.1993; clause (a) of Section 22 Passports Act 1967; Passport Rules 1980; Regional Passport Office Vijayawada; prior order dated 15.10.2024 in W.P.No.22230 of 2024; one-year versus three-year renewal; Articles 14, 19, 21 and 226 Constitution of India; writ of mandamus; Andhra Pradesh High Court, Amaravati, 04.04.2025; disposed of without costs; no counter affidavit filed.

What did the court decide?

Direction to respondent No.2 to renew the petitioner's passport (No. U1741846) for a period of three (03) years, the crime being registered without a charge sheet; other terms of the order dated 15.10.2024 in W.P.No.22230 of 2024 unchanged; writ petition disposed of without costs. ¶57

Lakshmi Sowjanya Koya Vs the Union of India — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of respondent No.2 in renewing the petitioner's passport (No. U1741846) on 28.12.2024 for one year instead of ten years, in the backdrop of the pending criminal case (Cr. No.07 of 2020), is illegal and arbitrary. +1 more

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Court's answer

Stating the Court's normal practice: in cases where the petitioner is involved in a crime and an FIR is registered, this Court orders renewal of the passport for three years.

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Ratio / Principle

The one-year renewal effected by respondent No.2 was in terms of Notification GSR 570(E) dated 25.08.1993, because the order in W.P.No.22230 of 2024 did not specifically mention a period either for issue of the passport or for travel abroad.

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Key takeaways

Stating the Court's normal practice: where a charge sheet is filed, renewal of the passport is ordered for two years for securing the petitioner's presence before the trial Court.obiter¶36
Since a crime is registered against the petitioner and no charge sheet has been filed, it is appropriate to direct respondent No.2 to renew the petitioner's passport for a period of three years.ratio¶36
The other terms and conditions stipulated in the order dated 15.10.2024 in W.P.No.22230 of 2024 remain unchanged.ratio

Detailed headnote1 paragraphs

High Court of Andhra Pradesh (Venkateswarlu Nimmagadda, J.), 04.04.2025, disposed of a writ petition under Article 226 challenging the renewal of passport No. U1741846 (File No. VJ2076103521923) for one year instead of ten years pursuant to the order dated 15.10.2024 in W.P.No.22230 of 2024. The Court found that, in terms of Notification GSR 570(E) dated 25.08.1993 issued under clause (a) of Section 22 of the Passports Act, 1967, the one-year renewal followed from the absence of any specified period for issue or travel in that order. Applying its normal practice - renewal for three years where an FIR is registered and two years where a charge sheet is filed - the Court, noting that a crime (Cr. No.07 of 2020) was registered against the petitioner but no charge sheet was filed, directed respondent No.2 (Regional Passport Office, Vijayawada) to renew the passport for three years, leaving the other terms of the 15.10.2024 order unchanged, and dismissed nothing further; no costs. No counter affidavit was filed by the respondents.

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V-

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT^^ (Special Original Jurisdiction)

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xi cv.
FRIDAY, THE FOURTH DAY OF APRIL |if4
TWO THOUSAND AND TWENTY FIVE IJ:/'

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PRESENT

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 142 OF 2025

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Between:

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Lakshmi Sowjanya Koya, S/o Sampath Kumar Koya, 41-1/2-33,^Mantadavari street, Dwaraka Nagar, Vijayawada, NTR District, Andhra^{Pradesh-520013.}

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...PETITIONER

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The Union of India, Rep by its Principal Secretary,^{MinistryofExternal} Affairs, South Block, Secretariat, Raisina Hill, New^Delhi, India, 110 001.

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The Regional Passport Office, 4th Floor, Stalin^{Central,D.No.27-37-} 158, Governorpet, M.G. Road, Vijayawada, Andhra Pradesh

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The Station House Officer, Represented by Public Prosecutor, Suryaraopet P.S., Vijayawada, NTR District, Andhra^Pradesh

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...RESPONDENTS

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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 in the nature of Writ of^{Mandamusand/orany} other appropriate writ /Writ(s)/direction or order^{declaringtheactionofthe} respondents, more particularly Respondent no. 2, in^{issuingtheorderinfile} of the no VJ2076103521923 dt. 12.12:2024 restricting the validity petitioner's Passport for a period of one (1) year, thereby denying the reissuance of the petitioneris passport bearing No.^{U1741846pursuantto} the application vide File number VJ2076103521923, dt.^{28.12.2023fora} period of 10 years as illegal, arbitrary, unjust and^{inviolationofArticle14,19}

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arKl 21 of the Constitution of India and contrary to the provisions of the Passports Act, 1967 and Passport rules, 1980 and consequently to direct 2nd respondent to renew/reissue petitioner^ passport bearing No. U'l741846 pursuant to the application dt. 28.12.2023 for a period of 10 ? years so as to facilitate the travel of petitioner.

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lA NO: 1 OF 2025

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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 Respondents to process the application vide File number VJ2076103521923, dt. 28.12.2023 and reissue Passport bearing no. U1741846 for a period of 10 years, without reference^{tothecriminal} case.

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Counsel forth© Petitioner: SRI JAWAJI SARATH CHANDRA

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Counsel for the Respondent Nos. 1 & 2: SMT. DIVYA DATLA (CENTRAL GOVERNMENT COUNSEL)

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Counsel forth© Respondent No.3: GP FOR HOME

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The Court made the following: ORDER

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO. 142 OF 2025

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ORDER:

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This writ petition is filed under the article 226 of^{ConstitutionofIndiato} declare the action of the respondent No.2 in renewing^{thepassportofthe} petitioner vide No. U1741846 dt.28.12.2024 for a period^of 1 (one year) instead of 10 (ten) years as illegal and arbitrary.

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The case of the petitioner is that pursuant to the^{ordersofthisCourt} passed in W.P.No.22230 of 2024, dated 15.10.2024, respondent^No.2has renewed the passport of the petitioner for a period^{of1(one)yearinsteadof} 10 (ten) years. Challenging the same the writ petition^{isinstituted.}

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No counter affidavit or instructions are placed on record by the learned counsel appearing for respondents.

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The petitioner was initially issued passport on 26.11.2019^videPassport No. U1741846. The said passport had expired on 06.05.2023. Thereafter, the petitioner applied for renewal of his passport^{beforerespondentNo.2vide} Application/File No. VJ2076103521923, dated 28.12.2023, respondent authorities issued a show cause notice, vide SCN/3186455314/2024^,stating that there is a criminal case vide Cr. No.07 of 2020 registered against the petitioner. Challenging the show cause notice, the petitioner instituted W.P.No.22230 of 2024.

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Vide order dated 15.10.2024 in W.P.No.22230 of 2024, this Court allowed the writ petition, directing the respondents to consider the application of the petitioner without referring to the criminal cases and renew the passport to the petitioner. The respondent No.2 had renewed the passport of the petitioner for a period of 1 (one) year. As per Notification in GSR 570(E), Ministry of External Affairs, dated 25.08.1993, issued in exercise of the powers conferred by clause (a) of section 22 of the Passports Acts, 1967, Central Government exempted citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, the passport to be issued to every citizen shall be issued for the period specified in order of the court referred above, if the court specifies a period for which the passport has to be issued. If no period either for the issue of the passport or for the travel abroad IS specified in such order, the passport shall be issued for a period of one year.

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In terms of the above clause in Notification GSR 570(E), dated 25.08.1993, respondent No.2 renewed the passport for a period of one year, in the absence of specific mention about the period either for issue of the passport or for the travel abroad. 7. Normally, in cases where the petitioner involved ini crime and FIR is registered, this Court is ordering renewal of passport^for a period of three (03)

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years and if any charge sheet is filed this Court,^{renewalofthepassportis} ordered for a period of 2 (two) years for securing^{thepresenceofthepetitioner} trial Court. in case charge sheet and Calendar Case are pending before the Hence, in the present facts of the case, since crime^{isregisteredandno} Court feeis it appropriate to direct the respondent^No.2 charge sheet filed, this The to renew the passport of the petitioner for a period of three^(03)years. W.P.No.22230 of 2024, dated other terms and conditions as stipulated in 15.10.2024 remains unchanged.

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writ petition is 8. Accordingly, with the directions of the above, this disposed of.

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shall stand 9. Consequently, miscellaneous applications pending if^any,

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closed.

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//TRUE COPY//

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Sd/- N. NAGAMMA assistant registrar SECTTON OFFICER

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To,