APHC010506572024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26298/2024 Between: 1. MALLIPUDI KODANDA RAMA RAJU, S/O RAGHAVARAJU, AGED 47 YEARS R/O FLAT NO. 502, HEMA HEIGHTS ZILLA COURT, EDEPALLI, MACHILIPATNAM, KRISHNA DISTRICT-521001 ...PETITIONER AND 1. THE UNION OF INDIA, REP.BY ITS JOINT SECRETARY (MINISTRY OF EXTERNAL AFFAIRS) SOUTH BLOCK,NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, REGIONAL PASSPORT OFFICE, VIJAYAWADA, ANDHRA PRADESH. 3. THE STATE OF ANDHRA PRADESH, , REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 4. THE STATION HOUSE OFFICER, KANDUKURU POLICE STATION, PRAKASAM DISTRICT, ANDHRA PRADESH. ...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 may be pleased to issue an Order or Direction or a Writ more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent on the report of 4th respondent, not renewing the passport of the petitioner bearing No. K3770222, on the ground of pendency of Criminal 2 Case as violative of Art.s14 and 21 of the Constitution of India and contrary to the principles laid down this Honble Court in catina of cases and consequently direct the respondents to renew the passport of the petitioner without referring to the pendency of Criminal Cases and pass such 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 may be pleased to Direct the 2nd respondent to process the application of the petitioner to renew the passport bearing No. K3770222 pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. Pilla N.V.L.Narayana Aditya Counsel for the Respondent(S): 1. GP FOR HOME 2. DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: ::ORDER:: Heard Ms Y.S.Sowmya, learned counsel representing Sri Pilla N.V.L.Narayana Aditya, learned Deputy Solicitor General for respondents 1 and 2 and Sri Ajay, learned Assistant Government Pleader for respondents 3 and 4. 2. The petitioner made an application for issuance of passport vide file No.VJ2077063128924 dated 25.10.2024. A shortfall notice dated 29.10.2024 (Ex.P1), was issued to the petitioner due to an adverse police verification report pointing out involvement of the petitioner in Cr.No.72 of 2021 of Kandukuru Police Station. 3. Learned counsel for the petitioner would contend that mere pendency of a criminal case is no ground to deny the issuance of a passport. 3 4. Learned counsel for the respondents would submit that the Police filed a final report before Judicial First Class Magistrate-cum-II Additional Junior Civil Judge, Kandukuru and the same is numbered as C.C.No.1041 of 2021. Learned counsel would submit that the petitioner has to approach the jurisdictional Court and make an application. 5. In reply, learned counsel for the petitioner would submit that the petitioner will approach the jurisdictional Court and file an application. 6. Given the facts and circumstances, the writ petition is disposed of, at the admission stage with the consent of both the learned counsel, giving liberty to the petitioner to approach the jurisdictional court and file an application in C.C.NO.1041 of 2021. If such an application is filed by the petitioner, the learned jurisdictional court shall consider and pass appropriate orders, keeping in view Rule 12 of the Passport Rules 1980. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _____________________ SUBBA REDDY SATTI, J Dated: 04.07.2025 SNI 4 206 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26298/2024 Dated: 04.07.2025 SNI