APHC010290792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15365 OF 2025 Between: Parvatha Surya Rao, S/o Sri Surya Prakasa Rao, Age 54 Years, Occ Cultivation, R/o. D.No. 8-136, Sankhavaram - 533 446, Kakinada District ...PETITIONER AND 1. The Union of India, Ministry of external affairs. Rep. by its Secretary, South block. New Delhi - 110 001 2. The Regional Passport Officer, Regional passport office. Near P.F. Beside Rythu Bazar, Marripalem VUDA Layout, NAD Post, Visakhapatnam - 530 009 3. The Station House Officer, Annavaram Police Station, Annavaram - 533 406, Kakinada District. Office, ...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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in not processing the VS5067191272524) on the ground of pendency of C.C. No. 242 of 2022 the file of the Court of the Judicial First Class Magistrate, Prathipadu as illegal. Passport application (File No. on r arbitrary and contrary to the principles of natural justice and violative of Articles 14,19,21 of Constitution of and consequently direct the Respondents, particularly the 2nd Respondent, to process the passport application bearing File No. VS5067191272524 without reference to the pendency of C.C. No. 242 of 2022 on the file of the Court of the Judicial First Class Magistrate, Prathipadu and issue passport expeditiously. lA NO: 1 OF 202.*; / 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 respondent authorities to process the Passport application of the reference to the pendency of criminal case in C.C. No. 242 of 2022 on the file of the Court of the Judicial First Class Magistrate, Prathipadu and issue passport forthwith, pending disposal of the Writ Petition. petitioner bearing File No.VS5067191272524 without J Counsel for the Petitioner: SRI N. SIVA REDDY Counsel for the Respondent Nos.1 & 2:SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.3: GP FOR HOME The Court made the following order: / -MM / APHC010290792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15365/2025 Between: 1.PARVATHA SURYA RAO, S/0 SRI SURYA PRAKASA RAO AGE 54 YEARS, OCC CULTIVATION, R/0. D.NO. 8-136, SANKHAVARAM - > 533 446, KAKINADA DISTRICT ...PETITIONER AND 1 .THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS. REP. BY ITS SECRETARY, SOUTH BLOCK. NEW DELHI - 110 001 2.THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE,NEAR P.F. OFFICE, BESIDE RYTHU BAZAR, MARRIPALEM VUDA LAYOUT, NAD POST, VISAKHAPATNAM - 530 009 3.THE STATION HOUSE OFFICER, ANNAVARAM POLICE STATION, ANNAVARAM - 533 406, KAKINADA DISTRICT. ...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 pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent authorities in not processing the Passport application (File No. VS5067191272524) on the ground of pendency of C.C. No. 242 of 2022 on the file of the Court of the Judicial First Class Magistrate, Prathipadu as illegal, arbitrary and contrary to the principles of natural justice and violative of Articles 14,19,21 of Constitutionof and consequentlydirect the Respondents, SRS.J W.P.No.15365 of 2025 particularly the 2nd Respondent, to process the passport application bearing Ne No. VS5067191272524 without reference to the pendency of C.C. No 242 of 2022 on fhe file of the Court of the Judicial First Class Magistrate Mrathipadu and issue passport expeditiously and pass lA NO: 1 OF 2025 in the^ Circumstances stated in the affidavit filed ,n support of the petition, the High Court may be pleased irect the respondent authorities to process the Passport application of the petitoner bearing File No. VS5067191272524 without reference to the pendency of criminal case in C.C. No. 242 of 2022 on the file of the Court of the Judioial Firs Class Magistrate, Prathipadu and issue passport forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.N SIVA REDDY Counsel for the Respondent(S): to 1. The Court made the following; :: ORDER :: Heard Sri K. Srinivasulu, learned counsel representing Sri N. Siva Reddy, learned counsel for the petitioner and learned Deputy Solicitor General appeared for respondents 1 & 2 and Sri Ajay, learned Assistant Government Pleader for Home, appeared for respondent No.3. 2. The petitioner made File NO.VS5067191272524 before 02.06.2025 was issued to the an application for the issuance of a passport vide respondent No.2. A short-fall notice dated petitioner due to an adverse police verification report, pointing out the petitioner's involvement in a criminal C.C.No.242 of 2022 case vide on the file of the learned Judicial First Class Magistrate, Prathipadu, arising out of Cr. No.209 of 2019 of Annavaram Police Station. ^ ;.-Page3of4 SRS,J W.P.No.15365 of 2025 3. Learned counsel for the petitioner would submit that a criminal case is no bar to the issuance of the passport. mere pendency of 4. Sri Ajay, learned Assistant Government Pleader for submit that a case in Cr.No.209 of 2019 of Annavaram Police Station Home, would was registered against the petitioner and others. Later, the police filed report/charge sheet before the learned Judicial First Class Prathipadu and the a final Magistrate, same was numbered as C.C.No.242 of 2022. Learned counsel would also submit that the jurisdictional Court has taken cognisance in the aforementioned criminal case, and the petitioner has to approach the jurisdictional Court and make a proper application 5. In reply, learned counsel for the petitioner would submit that petitioner will make an appropriate application before the jurisdictional Court. the 6. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at, the stage of admission with the consent of both the learned counsel, giving liberty to the petitioner to make an application before the learned Judicial First Class Magistrate, Prathipadu, seeking re-issuance of passport. If such an application is filed, the learned jurisdictional Magistrate shall consider the same and pass appropriate orders, keeping in view of Rule 12 of the Passports Rules, 1980. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- J SAROJA ASSISTANT REGISTRAR //TRUE COPY// uy SECTION OFFICER To. 1. The Secretary, Ministry of external affairs. Union of India, South block New Delhi - 110 001 2. The Regional Passport Officer, Regional passport office. Near P.F. Office Beside Rythu Bazar, Marripalem VUDA Layout, NAD Post, Visakhapatnam - 530 009 3. The Station House Officer, Annavaram Police Station, Annavaram - 533 406, Kakinada District. 4. One CC to Sri N. Siva Reddy, Advocate [OPUC] 5. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India, High Court of A.P.[OPUC] 6. Two CC’s to GP for Home, High Court of A.P. at Amaravati[OUT] 7. Two CD Copies. ssb HIGH COURT DATED:30/06/2025 ORDER WP No.15365 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS