I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31400 OF 2024 Between: Pulamarasetti Trinadha Rao, S/o. Appa Rao, Now presently residing at 1124, Cameron Road, Gate PA 3112, Tauranga, New Zealand Rep. by its GPA Holder Pulamarasetti Ganga Appa Rao, S/o. Appa Rao, aged about 45 years, R/o. D.No. 2-28, Community Hall Street, Kothapalem, Gopalapatnam, VisakhapatnamA.P. - 530 027. ...PETITIONER AND 1. The Union of India, Rep. by Secretary to Government, Ministry of External Affairs, New Delhi. 2. High Commission of India, Having office at, 72 Pipitea Street, Thordon, Wellington 6011, PO Box 12211, New Zealand. 3. The Regional Passport Officer, O/o. Regional Passport Office, Near PF Office, Beside Raitu Bazaar, Marripalem,VUDA Layout, NAD Post, Visakhapatnam, Andhra Pradesh. ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in issuing mail dated 08.10.2024 and not issuing Police Clearance Certificate to the Petitioner on his Application Reference No. 24-2004315940 before Respondent No. 2 and Application No. NZ0084594007524 before Respondent No.3 for his Passport No. VI054410 on the ground of pendency of Criminal Case under Sections- 85 BNS and 3 and 4 of Dowry Prohibition Act, as illegal, arbitrary, violation of Principles of Natural Justice, violation of r Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the Respondents to issue Police Clearance Certificate to the Petitioner in Passport No. VI054410 forthwith for his uninterrupted residence in New Zealand. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to issue Police Clearance Certificate to the Petitioner bearing Passport No.VI 054410 basing on the application made to the Respondent No.2 on 13.09.2024 vide Reference No. 24- 2004315940 and before Respondent No.3 through his application vide reference No. NZ0084594007524 for his uninterrupted residence in New Zealand. Counsel for the Petitioner: SRI P. S. P. SURESH KUMAR Counsel for the Respondents: SRI P. PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: ORDER APHC010600072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SjiiH [3329] MONDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31400/2024 Between: Pulamarasetti Trinadha Rao ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.PSPSURESH KUMAR Counsel for the Respondent(S): 1. DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: w 2 f/ THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31400/2024 ORDER Heard learned counsel for the petitioner and the learned Standing Counsel for the respondents. 2. Learned counsel for the petitioner submits that the petitioner made applications to the respondent authorities, for issuance of the police clearance certificate. But, the respondent authorities, neither considered the applications of the petitioner nor issued the police clearance certificate. Aggrieved by the same, the petitioner filed the present Writ Petition. 3. On the other hand, learned Standing Counsel for the respondents submits that a criminal case i.e., Cr.No.246 of 2024 was registered against the petitioner on the file of Mahila UPS, Visakhapatnam and the same is under investigation. In view of the same, the police clearance certificate was not issued. 4. In reply, learned counsel for the petitioner submits that in similar circumstances this Court passed an order in W.P.No.12257 of 2024. The operative portion of the said order is extracted hereunder; “Therefore, taking into consideration the submissions made by the counsel for petitioner, the Writ Petition is disposed of, directing respondent No. 3 i.e.. Superintendent of Police to consider the request made by the petitioner for issuance of police clearance certificate and if there is no adverse Information against the petitioner other than the criminal case mentioned l! 3 above, to issue the said police clearance certificate within one week from the date of receipt of copy of this Order. The petitioner shall also give an undertaking to respondent No.3 to make himself available at the time of trial of the criminal case. ’’ 5. Having regard to the submissions made by both the learned counsel and in view of the order passed by this Court in W.P.No. 12257 of 2024 as extracted supra, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the respondent authorities concerned to consider the request made by the petitioner for issuance of police clearance certificate and if there is no adverse information against the petitioner other than the criminal case mentioned above, to issue the said police clearance certificate within a period of one week from the date of receipt of copy of this Order. The petitioner shall also give an undertaking before the Superintendent of Police, Visakhapatnam to make himself available at the time of trial of the criminal case. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. Sd/- SV!. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary to Government, Union of India, Ministry of External Affairs, New Delhi. 2. The High Commission of India, Having office at, 72 Pipitea Street Thordon, Wellington 6011, PO Box 12211, New Zealand. Regional Passport Officer, O/o. Regional Passport Office, Near PF Office Beside Raitu Bazaar, Marripalem,VUDA Layout, NAD Post, Visakhapatnam, Andhra Pradesh. 4. One CC to Sri P. S. P. Suresh Kumar, Advocate [OPUC] ^ 5. One CC to Sri P. Ponna Rao, Deputy Solicitor General of India [OPUC] 6. Three C.D. Copies. / Cnr f \ HIGH COURT DATED:20/01/2025 ORDER ^ t^ra*tt> .*rtiauin ^ WP.No.31400of2024 DISPOSING THE W.P. WITHOUT COSTS