I 4/* IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4562 OF 2025 Between; Guntupalli Deekshith Kumar, S/o Chandrasekhar, Age 23 years D No 1- 1 back side of SBI bank Nuzendia Village, Nuzendia Mandal Guntur District - 522660 Andhra Pradesh. ...Petitioner AND 1. Union of India, Ministry of external affairs. Represented by its principal Secretary, South block New Delhi 110 001. 2. The 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. 3. Regional passport Office, Rep. by its Regional Passport Officer, 4th floor, Stalin Central, D. No. 27-37-158, Governorpet M.G. Road - Vijayawada Andhra Pradesh-520 002 4. The Station House Officer, Pedakakani Police Station, Pedakakani, Guntur District, Andhra Pradesh - 522509 5. The Station House Officer, Inavolu Police Station, Palnadu 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 may be pleased to issue a writ order or a direction more particularly one in the nature of Writ of Mandamus declaring that the action of the Respondents in the Police Clearance Certificate as highly illegal, arbitrary ; AiTijust, im's^roper. contrary to law and against the principles of natural Justice aruain violation of Article 14, 19, 21 and 300-A of the Constitution of s ' jQdia'^ny consequently direct the respondent No.1 i tir to issue a clear Police Cledrance Certificate of the petitioner, immediately from the date of the order of this Hon’ble Court as any contrary would be violative of Articles 14,19 and 21 of the Constitution of India as per the judgments rendered by this Hon’ble A/P. High Court in W.P. No. 7714/2022 and 2330/2024 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 issue Police Clearance Certificate as per application no. VJ2086951047925 dated 12-02-2025 as early as possible not exceeding a period of two weeks from the date of the order of this Hon’ble Court, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI. TAGORE YADAV YARAGORLA Counsel for the Respondent Nos. 1 to 3: SRI JOSYULA BHASKARA RAO(SENIOR PANEL COUNSEL FOR CENTRAL GOVT.) Counsel for the Respondent Nos. 4&5: GP FOR HOME The Court made the following order: APHC010086442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAtl (Special Original Jurisdiction) [3331] MONDAY ,THE TENTH DAY OF MARCH TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4562/2025 Between: ...PETITIONER Guntupalli Deekshith Kumar AND ...RESPONDENT(S) Union Of India and Others Counsel for the Petitioner: 1 .TAGORE YADAV YARAGORLA Counsel for the Respondent(S): 1.GP FOR HOME 2. JOSYULA BHASKARA RAO(SENIOR PANEL COUNSEL FOR CENTRAL GOVT.) The Court made the following ORDER: Heard Ms.K.Ujwala Devi, learned counsel representing Sri Y.Tagore Yadav, learned counsel for the petitioner, Sri Bhaskar Rao, learned Panel counsel for respondents 1 to 3 and learned Assistant Government Pleader for Home for respondents 4 & 5. 2. The above writ petition is filed to declare the inaction on the part of respondents 4 & 5 in issuing a Police Verification Certificate to the 3 rd 2 respondent enabling the petitioner to get VISA to pursue further studies i Australia, as illegal and arbitrary. 3. The petitioner, in the first instance, filed W.P.No.6557 of 2024 to declare the action of the respondent authorities in not issuing a passport as per application No.VJ02C5032221323 dated 18.04.2023 and the said writ petition was disposed of on 18.03.2024. The operative portion of the order is as under; “As it is specifically asserted that the matter is still at the investigation stage and also in the light of the above referred decisions, this Court opines that mere pendency of crime would not be a bar for issuance of passport. Therefore, the writ petition is disposed of with a direction to ' respondent Nos.2 and 3 to take necessary action on the petitioner’s application for issuance of passport without reference to Crime No. 16 of 2023 on the file of SHO, Pedakakani, Guntur District, as expeditiously as possible, at any rate, within a period of (3) three weeks, from the date of receipt of copy of this Order. Needless to mention that if the Police Verification Report (PVR) reveals that the C.C is pending against the petitioner, he has to obtain appropriate orders from the jurisdictional criminal Court where the said case is pending.” Thereafter, the third respondent issued a passport to the petitioner vide NO.X2945698 on 07.05.2024, valid until 06.05.2034. 4. The petitioner applied for a visa to pursue further studies in Australia. To get a VISA, the police must submit a Police Clearance Certificate to the Passport Authority. Police Verification Report status filed by the petitioner vide Ex.P.8 would disclose that PCC application has been granted on 12.02.2025; Police Verification has been initiated and a request has been sent to Inavolu Police Station, Palnadu; PCC will be dispatched to the address of the petitioner after a ‘Clear” Police Verification Report is received at the RPO. in 3 At the hearing, on instructions, Sri Ajay, learned counsel would submit that a case registered against the petitioner is In the Crime stage and the police have not filed the charge sheet so far. 5. Sri Bhaskar Rao, learned panel counsel would submit that the status of the Police Verification Report is shown as adverse in the application form as “Is the applicant facing any criminal charges in any Court?”, it was mentioned “Yes”. Unless the police submit a Police Clearance Certificate, the authority may not be in a position to process further. 6. In pursuance of the order dated 18.03.2024 in W.P.No.6557 of 2024, the petitioner was issued with a passport for 10 years. The petitioner intends to pursue higher studies in Australia. The VISA will be issued to the petitioner only after submitting the Police Verification/Clearance Certificate and in fact, the same was generated by the 2'^'^ respondent. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of directing respondents 4 & 5 and the Superintendents of Police, Guntur and Palnadu Districts to forward the Police Verification Certificate to the 3''^ respondent authority within ten (10) days from the date of receipt of the copy of this order enabling 3^^^ respondent to process the Visa of the petitioner. No order as to costs. 8. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// Pir % SECTION OFFICER To 1. The Principal Secretary, Ministry of external affairs. Union of India South block New Delhi 110 001. 2. 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. 3. The Regional Passport Officer, Regional passport Office, 4th floor, Stalin Central, D. No. 27-37-158, Governorpet M.G. Road - Vijayawada Andhra Pradesh-520 002 4. The Station House Officer, Pedakakani Police Station, Pedakakani, Guntur District, Andhra Pradesh - 522509 5. The Station House Officer, Inavolu Police Station, Palnadu District, Andhra Pradesh 6. OneCCto Sri. Tagore Yadav Yaragorla Advocate [OPUC] 7. One CC to Sri. Josyula Bhaskara Rao(Senior Panel Counsel for Central Govt.) [OPUC] 8. Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies GSC HIGH COURT DATED:10/03/2025 ORDER WP.No.4562 of 2025 & 17 MAR 2025 Sa ^ ^ Current Section . ^ DISPOSING OF THE WP WITHOUT COSTS