APHC010417882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0S0 0% WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 21377 OF 2025 Between: Yedia Jagannadha Rao, S/o. Krishna Rao, age about 63 years, Occ Cultivation, R/o H.No.8-45, Chitrai Cheruvugattu, Pulaparthi Adi Narayana Layout, Palakole, West Godavari District ...Petitioner AND 1. The Union of India, Rep. by its Ministry of External Affairs, Room No.74 B, Gate No. 04, South Block, New Delhi, 110011. 2. The Regional Passport Officer, Near P.F. Office, Beside Rythu Bazar, N.H.5, Main Road, Marripalem, VUDA Layout, NAD Post, Visakhapatnam - 530009. ...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 respondents in not issuing the passport to the petitioner in view of the pendency of CC.No.34 of 2020, on the file of Judicial First Class Magistrate, Palakole, West Godavari District, as illegal, arbitrary and consequently direct the respondentsto issue passport to the petitioner / lA 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 forthwith to issue passport to the petitioner, pending disposal of the above writ petition Counsel for the Petitioner: SRI POLISETTY RADHA KRISHNA Counsel for the Respondents: — The Court made the following order: A^»HC010417882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 21377/207/^ Between: 1.YEDLA JAGANNADHA RAO, S/0 , KRISHNA RAO, AGE ABOUT YEARS, OCC CHERUVUGATTU 63 CULTIVATION, R/0 PULAPARTHI ADI PALAKOLE, WEST GODAVARI DISTRICT H.NO.8-45, NARAYANA CHITRAI LAYOUT, ...PETITIONER AND 1.THE UNION OF INDIA, REP. BY ITS MINISTRY OF EXTERNAL NEW AFFAIRS, ROOM NO.74 B, GATE NO. 04, SOUTH BLOCK DELHI, 110011. 1 , 2.THE REGIONAL PASSPORT OFFICER, NEAR P.F.OFFICE, BESIDE RYTHU BAZAR, MARRIPALEM, VUDA LAYOUT, NAD POST, N.H 5 MAIN ROAD, VISAKHAPATNAM - 530009. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not issuing the passport to the petitioner in view of the pendency of CC.No.34 of 2020, on the file of Judicial First Class Magistrate, Palakole, West Godavari District, as illegal, arbitrary and consequently direct the respondents to issue passport to the petitioner and to pass such lA NO: 1 OF 2025 in 2 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 forthwith to issue passport to the petitioner, pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1.POLISETTY RADHA KRISHNA Counsel for the Respondent(S): 1. The Court made the following: 3 dRDER: The present writ petition has been filed under Article 226 of Constitution of India seeking the following relief: . .to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not issuing the passport to the petitioner in view of the pendency of CC.No.34 of 2020, on the file of Judicial First Class Magistrate, Palakole, West Godavari District, as illegal, arbitrary and conseguently direct the respondents to issue passport to the petitioner and to pass such...” The petitioner is the native of Palakole, West Godavari District. The petitioner’s son is working in TCS Software Company in the United States of America. The petitioner and his wife applied for passport. During police verification, it was noticed that the petitioner was arrayed as accused in crime No.270 of 2019 and the same was numbered as C.C.No.34 of 2024. t 2. I \ 3. Tnis >-'0urt, on 13. i0.2vj^o, ir Cri.P.No.659 of 2020 filed by the petitioner, granted stay of all further proceedings in C.C.No.34 of 2024. The petitioner was shown at serial No. 13 in the said criminal petition. Learned counsel for the petitioner submits that though charge sheet was filed, the same was stayed by this Court and therefore, it can be presumed that the matter is still under FIR stage. 4. 5. When a similar question has fallen for consideration in W.P.No.5311 of 2021, this Court at Para No.10 held as under; “In the case at hand, no doubt a criminal case vide C.C.No. 1990 of 2021, is pending. However, the learned Single Judge of Telangana High Court in f Crl.P.No.5295 of 2022, granted a stay of all further proceedings in C.C.No.1990 of 2021 in respect of the petitioners. The petitioners approaching the learned magistrate, given the stay in the criminal case, will not setve any purpose. Keeping the expressions of the Apex Court in the referred judgments, this Court deems it appropriate to direct the authorities to consider the applications made by the petitioners for issuance of passports. " 4 6. In view of the facts and circumstances of the granted in I.A.No.1 of 2020 of Crl.P.No.659 of 2020 appropriate to dispose of the writ petition by directing the respondents to process the application of the petitioner, within three (3) weeks from the date of receipt of a copy of this order, as per the provision of the Passports Act 1967. 7. Accordingly, the Writ Petition is disposed of. No order As a sequel, miscellaneous applications pending, if any, shall stand Sd/- G HELA NAIDU ASSISTANT REGISTRAR case, since a stay was^ this Court feels it as to costs. closed. //TRUE COPY// ' SECTION OFFICER To, 1. The Ministry of External Affairs, Union of India, Room No.74 B, Gate No. 04, South Block, New Delhi, 110011. 2. The Regional Passport Officer, Near P.F.Office, Beside Rythu Bazar, Marripalem, VUDA Layout, NAD Post, N.H.5, Visakhapatnam - 530009. 3. One CC to SRI POLISETTY RADHA KRISHNA, Advocate 4. Two CD Copies GSG Main Road, , m HIGH COURT DATED: 13/08/2025 ORDER WP NO. 21377 OF 2025 ^ 19 AUG 2025 i >^entSgctjopx<; 50i DISPOSING THE WP WITHOUT COSTS