APHC010299532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14859/2025 Between: 1. ESALAVATH DEVENDRA NAIK, S/O.TULASI NAIK, AGED ABOUT 49 YEARS, R/O. D.NO.5/66, BADE NAIK THANDA, 20TH WARD, PUTTAPARTHI, SRI SATYASAI DISTRICT-515134. ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY ITS PRINCIPAL SECRETARY, (MINISTRY OF EXTERNAL AFFAIRS), SOUTH BLOCK, SECRETARIAT, RAISINA HILL, NEW DELHI, INDIA. 2. THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY. 3. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE,4TH FLOOR STALIN CENTRAL, D.NO.27-37-158, GOVERNORPET, M.G.ROAD, VIJAYAWADA- 520002. ...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 issue a writ, order more particularly in the nature of writ of mandamus by declaring the action of respondent No.3 in not issuing the passport to the petitioner pursuant to his application no VJD065125972925 dated 04.06.2025 on the ground of pending criminal case against the petitioner as illegal, arbitrary and violative of Principles of Natural Justice and SRS,J W.P.No.14859 of 2025 against Article14 and 21 of Constitution of India and against the Passports Act, 1967 and against the orders passed by this Honble court in W.P.No. 6651 of 2023 and consequently direct the respondent No.3 to consider the application No. VJD065125972925 dated 04.06.2025 of the petitioner and issue passport to him and pass IA NO: 1 OF 2025 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 No.3 to consider the petitioner’s applicationNo. VJD065125972925 dated 04.06.2025 for issuance of a passport without referring to the criminal case pending against him and pass Counsel for the Petitioner: 1. KANAKALA DEVI PRASANNAKUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. The Court made the following: :: ORDER :: Heard Sri K. Devi Prasanna Kumar, learned counsel for the petitioner; Sri Ajay, learned Assistant Government Pleader for Home for respondents 2 and Sri K. Venkateswarlu, learned standing counsel for respondents 1 and 3. 2. The petitioner made an application for the issuance of a passport vide No.VJD065125972925, dated 04.06.2025. Respondent No.3, due to an adverse Police verification report issued a short-fall notice dated 09.06.2025 (Ex. P1), directing the petitioner to submit an explanation. Aggrieved by the said action, the above writ petition is filed. 3. Learned counsel for the petitioner would submit that mere pendency of a criminal case is no bar to issue a passport to the petitioner. Page 3 of 4 SRS,J W.P.No.14859 of 2025 4. Learned Assistant Government Pleader for Home would submit that in pursuance of crime No.27/2020 registered by Puttaparthy Rural Police, for the offences punishable under Sections 447 and 427 of IPC, a final report was filed and the same was numbered as C.C.No.317 of 2022. He would further submit that the jurisdictional Court has taken cognizance 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 the petitioner will make an appropriate application before the jurisdictional Court. 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 Magistrate of First Class, Puttaparthy, seeking issuance of passport. If such an application is filed, the learned jurisdictional Magistrate shall consider the same and pass appropriate orders, keeping in view Rule 12 of the Passports Rules, 1980. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 25.06.2025 IKN SRS,J W.P.No.14859 of 2025 94 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.14859 of 2025 Date : 25.06.2025 IKN