APHC010528762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27625/2024 Between: 1. TUMMALAPENTA PRADEEP KUMAR, S/O. KRISHNA MURTHY, AGED ABOUT 40 YEARS, R/O. 15-19-18/C, PADMASALI VARI STREET, WARD NO.5, REPALLE, NOW BAPATIA DISTRICT. ...PETITIONER AND 1. THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP BY ITS SECRETARY, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICE, REP BY ITS REGIONAL PASSPORT OFFICER, VIJAYAWADA, KRISHNA DISTRICT(PRESENTLY NTR DISTRICT) 3. THE STATION HOUSE OFFICER, CHILAKALAPUDI POLICE STATION, KRISHNA DISTRICT. 4. THE STATION HOUSE OFFICER, CHIRALA RURAL POLICE STATION, NOW BAPATIA DISTRICT. ...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 be pleased to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents 1 and 2 in refusing to issue passport to the petitioner on the ground of adverse police verification report as illegal and arbitrary and consequently direct the respondents to issue passport to the petitioner or in 2 the alternative permitting him to approach the concerned court to seek permission for issuance of passport 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 may be pleased to direct the respondents 1 and 2 to issue passport to the petitioner pending disposal of the Writ Petition, and pass Counsel for the Petitioner: 1. RAJA REDDY KONETI Counsel for the Respondent(S): 1. GP FOR HOME 2. PELLETI RAJESH KUMAR (CENTRAL GOVERNMENT COUNSEL) The Court made the following: ::ORDER:: Heard Sri K.Venkat Reddy, learned counsel representing Sri Raja Reddy Koneti, learned counsel for the petitioner, Sri Pelleti Rajesh Kumar, learned Central Government counsel for respondents 1 and 2 and Sri Ajay, learned Assistant Government Pleader for respondents 3 and 4. 2. The petitioner made an application vide file No.VJ2066497678124 seeking issuance of passport before the 2nd respondent. A shortfall notice dated 24.05.2024 (Ex.P1), was issued to the petitioner due to an adverse police verification report. The petitioner submitted an explanation on 05.11.2024 (Ex.P2). Thereafter, a reminder notice dated 14.11.2024 (Ex.P3) was issued to the petitioner. 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. 4. Learned counsel for the respondents would submit that C.C.No.443 of 2021 on the file of the I Additional Junior Civil Judge, Chirala; S.C.No.30 of 3 2022 on the file of I Additional District Judge, Machilipatnam are pending wherein the petitioner is arrayed as accused. A case in Cr.No.261 of 2020, Chilakalapudi Police Station, was registered against the petitioner. The Police is yet to file a final report. 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. 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: 03.07.2025 SNI 4 90 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27625/2024 Dated: 03.07.2025 SNI