% IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 10866 OF 2025 \ o Between; 1. Sri. Piradi Manga Raju, S/o Venkatarao, Aged 62 years, Occ: Ex- Service Men, R/o Mani Raju Nilayam, Road No. 10, APSP Post, Valasapakala Simhadri Nagar, Kakinada Kakinada District, Andhra Pradesh. 2. Smt. Kasibai Piradi, S/o Mangaraju, Aged 50 years, Mani Raju Nilayam, Road No. 10, APSP Post, Valasapakala Simhadri Nagar, Kakinada Kakinada District, Andhra Pradesh. ...PETITIONER AND 1. The Union of India, Rep by its Secretary Ministry of External Affairs Shastry Bhavan, New Delhi 2. The Regional Passport Officer, Visakhapatnam, Visakhapatnam District 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 be pleased to issue an appropriate writ more ip the nature of Writ of Mandamus declaring the action of the 2"^ Respondent Regional Passport Officer in rejecting the application made by the Petitioners for issuance of the new Passports vide letter No. SCN/321193041/25, Dated 20-03-2025 some hyper-technical grounds and basing on the Report of the Police and thereby seeking clarification directing the Petitioners to submit the case disposal orders/quash order, as being arbitrary, illegal and violative of may on ^ Articles 14 and 19 of the Constitution of India and against the principles of natural justice and consequently direct the 2"'^ Respondent to issue the new passports to the Petitioners without referring to the criminal case vide CC No. 1568 of 2023. iANOiJ^£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 2"^^ Respondent Regional Passport Officer to consider the appl'<^^^'°^® Petitioners and issue new Passports to them on priority, pending Writ Petition, in the interest of justice. Counsel for the Petitioners: SRI MATHUKUMILLI SRI VIJAY Counsel for the Respondent Nos.1 & 2: SRI SRIDHAR TUMMALAPUDI (CENTRAL GOVT COUNSEL) The Court made the following: ORDER APHC010208722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 10866/2025 Between: Sri. Piradi Manga Raju and Others ...PETITIONER{S) AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1.SRIDHAR TUMMALAPUDI ( CENTRAL GOVT COUNSEL) The Court made the following ORDER; Heard Sri Vijay Mathukumilli, learned counsel for the petitioners and Sri T.Sridhar, learned counsel for respondents 1 & 2. V The above writ petition is filed to declare the action of the 2"'"^ respondent in not issuing a passport, in pursuance of the application made by the petitioners, vide File Nos.VS5077467937325 and VS5077490131125 due to pendency of a criminal case in C.C.no.1568 of 2023 on the file of Special Mobile Judicial First Class Magistrate, Kakinada, as illegal and arbitrary. 2. 3. Learned counsel for the petitioner would submit that the petitioners, who are wife and husband, applied for passports before the 2'"'' respondent. The 2'''^ respondent issued two notices dated 20.03.2025 seeking clarification due 2 to the adverse police verification report. Learned counsei would further submit that mere pendency of a criminal case is not a bar to the issuance of a passport. 3. Learned counsel appeared for the respondents would submit that the petitioners are Accused Nos 1 and 2 in Crime No.290/2023 of Sarpavaram Police Station for the offences punishable under Sections 448, 324, 323, 506 r/w 34 of IPC. The police filed the same is numbered as C.C.No.1568/2023 In reply, learned counsel for the petitioners will approach the jurisdictional a final report before the jurisdictional Court , and 4. petitioners would submit that the court and make applications. 5. Given the facts and cicircumstances of the case, 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 C.C.No.1568/2023 make an appropriate application in on the file of the Special Mobile Magistrate, Kakinada. If the petitioners Judicial First Class make such an application, the learned and pass appropriate orders Magistrate shall consider the application expeditiously as possible, keeping i by specifying the period. No order as view Rule 12 of the Passport Rules 1980 as to costs. in As a sequel, pending miscellaneous petitions, if any, shall stand closed. registrar Sd/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// S^^O^FICER To 1. The Secretary, Ministry of External Affairs, Union Bhavan, New Delhi 2. The Regional Passport Officer, Visakhapatnam, Visakhapatnam Andhra Pradesh. 3. One CC to Sri Mathukumilli Sri Vijay, Advocate [OPUC] 4. One CC to Sri Sridhar Tummalapudi (Central Govt. 5. Three CD Copies. luia, csnastry Ul II District Counsel) [OPUC] ssb ■s HIGH COURT DATED:30/04/2025 ORDER WP.No.10866 of 2025 V' 2 SEP 2025 |i Current siecuon b«= t DISPOSING OF THE W.P. AT THE STAGE ADMISSION WITHOUT COSTS OF