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High Court of Andhra Pradesh · body

2025 DAILYLAW 14064 (AP)

LAKSHMI KUMARI YELCHURI v. THE UNION OF INDIA

WP/9087/2025 · 2025-04-22

Subba Reddy Satti

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9087 OF 2025 Between: Lakshmi Kumari Yelchuri, W/o.Yelchuri Venkaiah Guptha, Aged about 57 years, Occ: Housewife, R/o. H.No.27-1-1447/1, Ramji Nagar, NR Children's Park, NeUore, A.P. ...PETITIONER AND 1. The Union of India, Rep., by its Principal Secretary, Ministry of External Affairs, South Block, Secretariat, Raisina Hill, New Delhi, India. The Chief Passport Officer, Ministry of External Affairs Room No. 8, Patiala House, Tilak Marg, New Delhi - 110001. The Regional Passport Office, Vijayawada, 4‘^ floor of Stalin Central, D.No. 27-37-158, Govemorpet, M.G. Road, Vijayawada- 520002 Passport Seva Kendra, Tirupathi II D.No. 19-4-9, R101 to 105, Prince Avenue, Annamaya Marg, Tirupathi. The Station House Officer, l-Town Pohee Station, Vijayawada. 2. 3. 4. 5. ...RESPONDENTS 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 direction in the nature of a writ particularly a writ of mandamus declaring the action of the respondent no. 3 and 4 in not renewing the passport N5988564 mere pendency of criminal case C.C. No.653 of 2023 on the file of Hon’ble II Addl. Chief Metropolitan Magistrate, Vijayawada offence under section 498-A IPC and 3&4 of DP Act is illegal, arbitrary and violation of Article 21 of the Constitution of India, more and consequently direct the respondent no.3 and 4 to renew petitioner's passport N5988564 in the interest of justice. lA Nd: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent no. 3 and 4 to renew petitioners passport bearing no. N5988564 in the interest of justice. Counsel for the Petitioner: SRI VENKATESWARLU SANISETTY Counsel for the Respondent Nos.1 to 4 : SRI VENNA HEMANTH KUMAR (CENTRAL GOVERNMENT COUNSEL) Counsel for the Respondent No.5 : GP FOR HOME The Court at the stage of admission made the following: ORDER 'TV APHC010172112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) □ [3331] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9087/2025 Between: ...PETITIONER Lakshmi Kumari Yelchuri AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VENKATESWARLU SANISETTY Counsel for the Respondent(S): 1.VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL) 2.GP FOR HOME The Court made the following: ORDER Heard Sri Sanisetty Venkateswarlu, learned counsel for the petitioner, Sri Venna Hemanth Kumar, learned standing counsel for Central Government for respondents 1 to 4 and Sri P.Ajay Babu, learned Assistant Government Pleader for Home for 5*^ respondent. 2. The above writ petition is filed to declare the action of respondents 3 and 4 in not renewing the passport N5988564 due to pendency of criminal case C.C.No.653 of 2023 on the file of II Additional Chief Metropolitan Magistrate, Vijayawada, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner is holding Passport N5988564 issued on 16.12.2015 and expiring by 15.12.2025. The petitioner applied for renewal/reissue of . the O'"* respondent issued a notice dated 19.03.2025 due to adverse police verification report calling upon to submit explanation. He would X also submit that rpere pendency of a criminal case is not a ground to deny the renewal or reissuing the passport. passport and 4. Learned Assistant Government Pleader for Home, on the other hand, would submit that C.C.No.653 of 2023 on the file of II Additional Chief Metropolitan Magistrate, Vijayawada is pending against the petitioner for the offences punishable under Section 498A of IPC and Sections 3 & 4 of Dowry Prohibition Act. He would submit that when the judicial Magistrate took cognizance of the case, the petitioner has to approach the concerned jurisdictional Magistrate for renewal of the passport. or reissue 5. In reply, learned counsel for the petitioner would submit that the petitioner will approach the concerned jurisdictional Magistrate. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of both the counsel directing the petitioner to approach the concerned jurisdictional Magistrate seeking permission for renewal or reissue of his passport. If the petitioner makes such an application, learned Magistrate shall consider the same and pass appropriate orders, strictly as per the Passports Act, 1967 and the Rules made thereunder within a period of four weeks. Learned Magistrate, while passing the orders, shall keep in mind^Rule 12 of the Rules. No costs. As a sequel, all the pending miscellaneous petitions, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// N OFFICER SE To, 1. The Principal Secretary, Union of India, Ministry of External Affairs, South Block, Secretariat, Raisina Hill, New Delhi, India. 2. The Chief Passport Officer, Ministry of External Affairs Room No. 8, Patiala House, Tilak Marg, New Delhi - 110001. 3. The Regional Passport Office, Vijayawada, 4**^ floor of Stalin Central, D.No. 27-37-158, Govemorpet, M.G. Road, Vijayawada- 520002 4. Passport Seva Kendra, Tirupathi II D.No. 19-4-9, R101 to 105, Prince Avenue, Annanfiaya Marg, Tirupathi. 5. The Station House Officer, l-Town Pohee Station, Vijayawada. One CC to Sri Venkateswarlu Sanisetty, Advocate [OPUC] 7 One CC to Sri Venna Hemanth Kumar, (Central Government Counsel) [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. (OUT) 9. Three C.D. Copies. Cnr 5 HIGH COURT DATED:22/04/2025 ORDER ANOf#^, WP.No.9087 of 2025 35 3 0 APR 2025 ^ Current Seotlon %s.P^spA-rr^’^ ^■9 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS