s. APHC010297242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16794 OF 2025 Between: Kommineni Sivaiah, S/o. Veeraiah, aged about 59 years, R/o. Dondapadu Village, Thulluru Mandal Guntur District, A.P. ...Petitioner AND The Regional Passport Officer, Vijayawada, D.No.27-37-158, 4**^ Floor, Stalin Central Governorpet, M.G. Road, Vijayawada, N.T.R. District, >^.P. Union of India, Ministry of External Affairs, Rep. by the Secretary, 23 Janpath Rd, Rajpath Area, Central Secretariat, New Delhi, India. The Superintendent of Police, District Police Office, Collector Office Road, Guntur, Guntur District, A.P. 1. 2. d 3. ...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 Writ, Order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.1 in not considering the passport renewal application of the Petitioner vide Application NO.VJ2075O47883825 dated 13.03.2025 due to ^ pending case in C.C. No.24/2p23 on the file of the Hon’ble Addl. Junior Civil Judge, Mangalagiri, Guntur District as highly illegal, arbitrary, unjust, contrary to law and against the principles of natural justice and in violation of Article 14, 19, 21 and 300-A of the Constitution of India and also against The Passports Act, 1967 and Rules therein and consequently direct the Respondent No.1 to renew the pas$port of the Petitioner vide Passport No.N0643273. ■ ■ 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 pass an interim order by directing the Respondent No.1 to consider passport renewal application of the Petitioner vide Application No. VJ2075047883825 dated 13.03.2025 for renewal of passport No. N0643273 to the Petitioner, until disposal of the main writ petition. the Counsel for the Petitioner: SRI SRINIVASA RAO NARRA Counsel for the Respondent Nos.1 & 2 : SRI G. SAI NARAYANA RAO, SC FOR CENTRAL. GOVT. Counsel for the Respondent No.3 : SRI AJAY, ASST.GP FOR HOME The Court made the following order: % APHC0^0297242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16794/2025 Between: I.K^pMMINENI SIVAIAH, S/0. VEERAIAH, AGED ABOUT 59 YEARS, GUNTUR R/0. DONDAPADU VILLAGE, THULLURU MANUAL qiSTRICT, A.P. ...PETITIONER AND 1.THE REGIONAL PASSPORT OFFICER, VIJAYAWADA, D.NO.27-37- 1^8, 4TH FLOOR, STALIN CENTRAL GOVERNORPET, M.G. ROAD, VjJAYAWADA, N.T.R. DISTRICT, A.P. 2. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP. BY THE SECRETARY, 23 D, JANPATH RD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI, INDIA. 3.THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, COLLECTOR OFFICE ROAD, GUNTUR, GUNTUR DISTRICT, A.P. ...RESPONDENT(S) Petition under Article 226 of the Constitution of India praying that in the circurBStances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.1 in not considering the passport renewal application of the Petitioner vide Application NO.VJ2075047883825 dated 13.03.2025 due to pending case in C.C. No.24/2023 on the file of the Hon’ble Addl. Junior Civil Judge, Mangalagiri, Guntur District as highly illegal, arbitrary, unjust, contrary to law and against the principles of natural justice and in violation of Article 14, 19, 21 and 300-A of the Constitution of India oastLrf oft the Respondent No,1 to passport Of the Petitioner vide Passport No.N0643273. lA NO: 1 OF 2n9f; and also against The Passports Act, 1967 and^ renew the in thelldavim Praying that in the circumstances stated pals a^lnte a *^'9^ ^ourt may be pleased pass an interim order by directing the Respondent passport renewal application of the VJ2075047883825 dated 13.03.2025 for the Petitioner, until disposal of the to No.1 to consider the Petitioner vide Application No. renewal of passport No.N0643273 to mam writ petition. Counsel for the Petitioner: 1. SRINIVASA RAO NARRA Counsel for the Respondent(S): 1.GP FOR HOME 2.G SAI NARAYANA RAO SC FOR CENTRAL. The Court made the following ORDER: Heard Sri Mallampati Narendra Babu, learned counsel for the petitioner, Sri G.Sai Narayana Rao, learned Standing Counsel for respondents 1 & 2 and Sri Ajay, learned Assistant Government Pleader for the S'-* respondent GOVT. 2. The above writ petition has been filed respondent in not considering the j petitioner vide application No.VJ2075047883825 pending case in C.C.No.24 of 2023 Civil Judge, Mangalagiri, Guntur District to declare the action of the 1®* passport renewal application of the dated 13.03.2025 due to a on the file of the learned Additional Junior :, as illegal and arbitrary. 3. "Learned counsel for the petitioner would submit that the petitioner has - dated 13.03.2025 before made an application vide file No.VJ2075047883825 the 1®' respondent for renewal of passport. The application was not forwarded, was informed to furnish the Court judgment since it was mentioned, in the verification report, pendency of the 2023 on the file of the learned Additional and the petitioner case vide C.C.No.24 of Junior Civil Judge, Mangalagiri. 3 Learned counsel would further submit that a ground to deny the renewal of the passport. mere pendency of the crime is not 4. Learned Assistant Government Pleader for Home submits that in the police filed e. Additional Junior Civil Judge, pursuance of Crime No. 155 of 2020 of Thulluru Police Station a final report before the jurisdictional Court i. Mangalagiri. The jurisdictional Court has taken C.C.No.24 of 2023, and the same is pending. Learned counsel would submit that the petitioner has to approach the jurisdictional Court cognizance of the crime vide and make an application. 5. When a Court has taken cognizance of a crime and a calendar case is pending, the applicant must necessarily approach the jurisdictional Court make ap application, and the Jurisdictional Court will pass appropriate orders. ! ■ Division Bench of this Court, in the order dated 29.10.2024 i W.A.No.383 of 2024, considered Section 6(2)(f) of the proceedings pending against an individual, and taking cognizance by the Magistrate observed as under: and 5. in Act, the judicial "16. Considering the facts of the present case on the touchstone of the principles laid down in the aforementioned judgments, it is clear that the Court of Special Mobile Judicial First Class Magistrate, Kakinada taken judicial notice of the charge sheet filed before it having not cannot be said to have taken cognizance much less can the Court be said to have initiated proceedings in terms of Chapter XVI of the Code of Criminal Procedure. 17. Therefore, we would have no hesitation in holding that proceedings would be said to have been pending only if cognizance had been taken by tbe Court and steps had been taken by the Court under Chapter XVI of the Code of Criminal Procedure. Since, there was no cognizance taken, there would be no question of 'proceedings pending before a criminal Court’, which would attract the provisions of Section 6(2)(f) of the Passports Act, 1967.” At this juncture, learned counsel for the petitioner would submit that the petitioner will make an application before the learned jurisdictional Magistrate. 7. 4 Given the facts and circumstances of the case, the Writ Petition is disposed of, with the consent of learned counsel on either side, giving liberty to the petitioner to approach the learned Additional Junior Civil Judge, Mangalagiri, where C.C.No.24 of 2023 is pending and make an application. If such an application is made, the learned Additional Junior Civil Judge, Mangalagiri, shall consider the same and pass appropriate orders regarding renewal/issuing passport to the petitioner as expeditiously as possible, keeping in view Rule 12 of the Passport Act and the Rules. No order as to costs. 8. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// X SECTION OFFICER 1. The Regional Passport Officer, Vijayawada, D.No.27-37-158, 4*^ Floor, Stalin Central Governorpet, M.G. Road, Vijayawada A.P. 2. The Secretary, Union of India. Ministry of External Affairs. 23 D Janpath Rd, Rajpath Area, Central Secretariat, New Delhi 3. The Superintendent of Police, District Police Office, Road, Guntur, Guntur District. A.P. 4. One CC to Sri Srinivasa Rao Narra, Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 6. One CC to Sri G Sai Narayana Rao, SC for Central. 7.h'wo CD Copies To, N.T.R. District, India. Collector Office Govt. [OPUC] Cnr HIGH COURT DATED;10/07/2025 ORDER WP NO. 16794 OF 2025 5 22 SEP 2825 S ^ . Current Section ^ •a DISPOSING OF THE W.P WITHOUT COSTS