\ IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11578 OF 2025 Between: Bugude Shiva Shankar, S/o B.P.Nagi Reddy, Aged about 45 years, Assistant Professor, Qassim University. H.no-10/444, Kalugotia Road, Yemmiganur, Kurnool. presently residing at Al Shinanah, Az Zahrah Dist, Postal Code-58883 Rep. by GPA Holder, B.N. Nagaraju ...Petitioner AND 1. The Union of India, Ministry Of External Affairs, Represented By Its Principal Secretary, South Block. New Delhi-110 001. 2. The Embassy Of India, Riyadh, Saudi Arabia, Rep By Its consular office. Diplomatic Enclave. 3. Passport Authority Of India, Represented By Its Chief Passport Officer, Psp Division, Ministry Of External Affairs, Room No.8, Patiala House, Tilak Marg, New Delhi-110 001. 4. Regional Passport Office, Rep. By Its Regional Passport Officer, 4th Floor, Stalin Central, D.No.27-37-158, Governorpet, M.G. Road, Vijayawada-520002. 5. The Station House Officer, Disha Ups, Kurnool. ...Respondents 4 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 Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in not renewing the petitioner's Indian Passport bearing No. Z3299086 on the ground of pendency of Criminal case against the petitioner vide CC. No.2477 of 2023 on the file of 3'^'^ Additional Junior Civil Judge Court illegal, arbitrary, contrary to the provisions of Passport Act 1967, judgments of the Honourable Supreme Court and this Honourable High Court and consequently set aside the same and direct the respondents to renew the passport of the petitioner vide No. Z3299086 for a period of 10 (Ten) years and issue the passport to the petitioner. as lA NO: 1 OF 2025 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 respondents to consider the application of the petitioner dated 13.02.2025 vide Application Reference No. 25- 2000868598 for renewal of passport bearing No. Z3299086 without reference to Criminal Case vide Crime No. 70/2023 of Disha Police Station, pursuant to which a charge sheet has been filed under sections 498A,506 r/w 34 IPC AND 4 of DP act, vide C.C. No. 2477 of 2023 on the file of the Court of the III Additional Junior Civil Judge. Counsel for the Petitioner: SRI GANTA EDIGA RAKESH GOUD Counsel for the Respondent Nos.1 to 4: SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.5: GP FOR HOME The Court made the following: APHC010222872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11578/2025 Between; ...PETITIONER Bugude Shiva Shankar AND ...RESPONDENT{S) The Union Of India and Others Counsel for the Petitioner: ■ 1.GANTA EDIGA RAKESH GOUD Counsel for the Respondent(S): 1.GP FOR HOME 2. The Court made the following ORDER: Heard Sri G.E.Rakesh Goud, learned counsel for the petitioner, Smt.Divya Datia, learned counsel for respondents 1 to 4, and Sri Ajay, learned Assistant Government Pleader for the 5*'^ respondent. The above writ petition is filed to declare the action of respondents in not 'Renewing the petitioner’s passport bearing No.Z3299086 due to the pendency of a criminal case vide C.C.No.2477 of 2023 on the file of the III Additional Junior Civil Judge, Kurnool, as illegal and arbitrary. Learned counsel for the petitioner would submit that the petitioner. Assistant Professor at Qassim University, presently residing in Saudi Arabia, 2. 3. 2 4^ made an application on 13.02.2025 seeking renewal / reissuance of passport (Ex.P.1). The petitioner received email communication from the 2"^^ respondent-Embassy of India to get No Objection Certificate from the mere pendency competent Court. Learned counsel would further submit that of a criminal case is not a bar to renewing the passport. 4. Learned Assistant Government Pleader for Home would submit that since the criminal case is pending against the petitioner, the petitioner has to approach the jurisdictional Court and make an application. Learned AGP would submrt that the criminal case is posted to 09.05.2025 for trial. Learned AGP would further submit that the issue involved in this writ petition is squarely covered by the order dated 29.10.2024 in W.A.No.383 of 2024. 5. In reply, learned counsel for the petitioner would petitioner will approach the jurisdictional Court i.e. Ill Additional Junior Civil Judge, Kurnool and make an application in C.C.No.2477 of 2024. submit that the 6. Given the facts and circumstances, the writ petition is disposed of, giving liberty to the petitioner to approach the jurisdictional court where C.C.No.2477 of 2024 is pending and make an application. If such application is filed by the petitioner, the learned Magistrate shall an consider and pass appropriate orders, by mentioning the period, keeping in view Rule 12 of the Passport Rules 1980. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- A. VENUGOPAL RAO ASSISTANT REGISTRAR //TRUE COPY// SECTIO^I^ICER To, 1. The Principal Secretary, Union of India, Ministry Of External Affairs South Block. New Delhi-110 001. 2. The Consular Office, Embassy Of India, Riyadh, Saudi Arabia, Diplomatic Enclave. 3. The Chief Passport Officer, Passport Authority Of India, Psp Division, Ministry Of External Affairs, Room No.8, Patiala House, Tilak Marg, New Delhi-110 001. 4. The Regional Passport Officer, Regional Passport Office, 4th Floor, Stalin Central, D.No.27-37-158, Governorpet, M.G. Road, Vijayawada- 520002. 5. The Station House Officer, Disha Ups, Kurnool. 6. One CC to SRI GANTA EDIGA RAKESH GOUD, Advocate [OPUC] 7. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] 8. One CC to SRI PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA [OPUC] 9. Three CD Copies sree / HIGH COURT DATED:01/05/2025 ORDER WP.No. 11578 of 2025 5 2 0 SEP 2025 S . Current seciion ^ •V 9 e '^-P- AT THE STAGE OF ADMISSION WITHOUT COSTS