APHC010488762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25153/2024 Between: 1. KONDAPALLI SUNIL, S/O.VENKATESWARA RAO AGED ABOUT 29 YEARS, OCC.PRIVATE WORK, R/O.D.NO. 12-64-1, MANDAPALEM, KAZA, MOVVA MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. THE REGIONAL PASSPORT OFFICER, O/O. REGIONAL PASSPORT OFFICE, 4TH FLOOR, STALIN CENTRE, D.NO.27-37-158, GOVERNERPET, MG ROAD, VIJAYAWADA, NTR DISTRICT. 2. THE REGIONAL PASSPORT OFFICER, O/O. REGIONAL PASSPORT OFFICE, 4TH FLOOR, STALIN CENTRE, D.NO.27-37-158, GOVERNERPET, MG ROAD, VIJAYAWADA, NTR DISTRICT. 3. THE ENQUIRY OFFICER, O/O. PASSPORT OFFICE, 4TH FLOOR, STALIN CENTRE, D.NO.27-37-158, GOVERNERPET, MG ROAD, VIJAYAWADA, NTR DISTRICT. 4. THE SUPERINTENDENT OF POLICE, MACHILIPATNAM , KRISHNA DISTRICT. 5. THE STATION HOUSE OFFICER, PAMARRU POLICE STATION, PAMARRU, KRISHNA DISTRICT. RR 4 AND 5 ARE IMPLEADED AS PER THE COURT'S ORDER DT.20.12.2024 IN I.A.NO. 02 OF 2024. 2 SRS, J W.P.No.25153 of 2024 ...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 toPleased to issue a Writ of Mandamus, appropriate writ, order or any other direction, declaring the action of the 2nd respondent in issuing the letter dated 20.06.2024 in not considering the online application in File NO.VJ2066585951924, dated 27.05.2024 on the ground that a criminal case in CC.No.255/2023 on the file of Hon'ble Addl. Judicial First Class Magistrate, Gudivada, Krishna District pending against the petitioner as illegal, arbitrary and violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and contrary to the provisions of Passport Act, 1967 and consequently direct the Respondents to issue passport to the petitioner forthwith and pass IA NO: 1 OF 2024 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 Pleased to direct the 2nd respondent consider the petitioner application vide File No.VJ2066585951924, dated 27.05.2024 without reference to the criminal case vide CC.No.255/2023 on the file of Hon’ble Addl. Judicial First Class Magistrate, Gudivada, Krishna District, pending disposal of the above writ petition and pass IA NO: 2 OF 2024 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 may be pleased to implead the respondents 4 and 5/proposed respondents as the respondent nos. 4 and 5 in the writ petition WP.No. 25153 of 2024 and pass Counsel for the Petitioner: 1. B V ANJANEYULU Counsel for the Respondent(S): 1. GP FOR HOME 2. DEPUTY SOLICITOR GENERAL OF INDIA 3 SRS, J W.P.No.25153 of 2024 The Court made the following order: Heard Sri J. Srikanth, learned counsel representing Sri B. V. Anjaneyulu, learned counsel for the petitioner, learned Deputy Solicitor General, appearing for respondents 1, 2 & 3 and Sri Ajay, learned Assistant Government Pleader for Home, appearing for respondents 4 & 5. 2. The petitioner made an application before the 2nd respondent for the issuance of a passport, vide Application No.VJ2066585951924, dated 27.05.2024. A short-fall notice dated 20.06.2024 (Ex.P-1) was issued to the petitioner due to an adverse police verification report. 3. Learned counsel for the petitioner would submit that mere pendency of a criminal case does not impede the 2nd respondent from issuing the passport. 4. Sri Ajay, learned Assistant Government Pleader for Home, would submit that C.C.No.255 of 2023, on the file of the learned Additional Judicial First Class Magistrate, Gudivada, is pending against the petitioner and that the petitioner is arrayed as the 6th accused in the said criminal case. The Trial Court has taken cognizance of the case. The learned counsel would submit that the petitioner has to approach the jurisdictional court and make an application. 5. In reply, the learned counsel for the petitioner would submit that the petitioner will make an application before the learned jurisdictional Magistrate. 6. In such circumstances, the writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, giving liberty to the petitioner to approach the learned Additional Judicial First Class Magistrate, Gudivada, where C.C.No.255 of 2023 is pending and make an application. If such an application is made, the learned Special Judge for Trial of SPE &ACB Cases, Kurnool, shall consider the same and pass appropriate 4 SRS, J W.P.No.25153 of 2024 orders regarding the renewal/issuing passport, keeping in view Rule 12 of the Passport Act and the Rules, 1993. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. _______________________________ SUBBA REDDY SATTI, J Dated 11.07.2025 MJA 5 SRS, J W.P.No.25153 of 2024 291 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25153 of 2024 Dated 11.07.2025 MJA