APHC010489472026 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE 28 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26758 OF 2026 Between: 1. HEMALATHA KANDULA, W/o.Jayabharatha Reddy Kandula, Aged about 59 years, Occ House Hold, R/o.H.No.28 Nowman Nagar, Sai Baba Nagar, Nandyal, Nandyal District. 1. THE UNION OF INIDIA, Rep by its Secretary New Delhi. 110011 2. The Regional Passport Officer, Regional Passport Office, Vijayawada, NTR District-520 002. 3. The Station House Officer, I District 515001 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 to issuing the Passport to the Petitioner in pursuant to Application vide File No.VJF074974437326, dated 24 involved in Crime No.345/2023 as Accused No.2 for IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26758 OF 2026 HEMALATHA KANDULA, W/o.Jayabharatha Reddy Kandula, Aged about 59 years, Occ House Hold, R/o.H.No.28-1060-1A-2-3, Abdulla Green City, Nowman Nagar, Sai Baba Nagar, Nandyal, Nandyal District. AND 1. THE UNION OF INIDIA, Rep by its Secretary, Ministry of External Affairs, 2. The Regional Passport Officer, Regional Passport Office, Vijayawada, 3. The Station House Officer, I-town Police Station, Ananthapur, Ananthapur ...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 declare the action of the Respondent No.2 in not issuing the Passport to the Petitioner in pursuant to Application vide File No.VJF074974437326, dated 24-08-2026 on the ground that .the Petitioner is involved in Crime No.345/2023 as Accused No.2 for the offence U/sec.420, IN THE HIGH COURT OF ANDHRA PRADESH DAY OF SEPTEMBER 2026 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI HEMALATHA KANDULA, W/o.Jayabharatha Reddy Kandula, Aged about 3, Abdulla Green City, ...Petitioner , Ministry of External Affairs, 2. The Regional Passport Officer, Regional Passport Office, Vijayawada, town Police Station, Ananthapur, Ananthapur ...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 declare the action of the Respondent No.2 in not issuing the Passport to the Petitioner in pursuant to Application vide File 2026 on the ground that .the Petitioner is the offence U/sec.420, 2 498-A and Sec.3 and 4 of the Dowry Prohibition Act on the file of 3 rd Respondent Station even in spite of the name of the Petitioner has been deleted and no criminal case is pending against the Petitioner as arbitrary, illegal and violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondent No.2 to issue the Passport to the Petitioner in pursuant to the Application vide File No.VJF074974437326, dated 24-08-2026 without reference of involvement of the Petitioner in Crime No.345/2023 on the file of the 3 rd Respondent Police Station in the interest of justice. IA NO: 1 OF 2026 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 Respondent No.2 to issue the Passport to the Petitioner in pursuant to the Application vide File No.VJF074974437326, dated 07-09- 202624-08-2026 without reference of involvement of the Petitioner in Crime No.345/2023 on the file of the 3 rd Respondent Police Station pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: P NAGENDRA REDDY Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: KUMBHAJADALA KAUSHIK, CENTRAL GOVT.COUNSEL 3 The Court made the following order: Questioning the action of the respondent No.2-Regional Passport Officer, Vijayawada, in not issuing passport to the petitioner pursuant to her application vide File No.VJF074974437326, dated 24.08.2026 on the ground that the petitioner is accused No.2 in Crime No.345 of 2023 of I-Town Police Station, Ananthapur for the offences under Sections 420, 498-A of Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act. 2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home Department by placing on record the written instructions of the Inspector of Police, Ananthapuramu-I Town Police Station submitted that the petitioner was initially shown as accused No.2 in Crime No.345 of 2023 for the offences under Sections 498-A, 420, read with 34 of the Indian Penal Code and Sections 3 & 4 of the Dowry prohibition Act, 1961 of the Ananthapuramu-I town Police Station and later she was deleted from array of the accused in the said crime. 4. Perused the material available on record and considered the submissions made by learned counsel for the parties. 5. The material reveals that pursuant to the application made by the petitioner for issuance of passport, she was called upon to submit explanation and required documents to the enquiry officer about the adverse police 4 verification report received by them regarding involvement of the petitioner in Crime No.345 of 2023 of Ananthapuramu-I Town Police Station. The written instructions of the Inspector of Police, Ananthapuramu I-Town Police Station placed on record by the learned Assistant Government Pleader for Home shows that the petitioner, initially, was shown as accused No.2 in the said crime, however, after a fair, impartial and comprehensive investigation, she was deleted from the array of the accused and charge sheet was filed only against accused no.1 in the above said crime. Therefore, as of now, the petitioner is not at all an accused in Crime No.345 of 2023. Hence, the passport authorities cannot refuse issuance of passport on the ground of her involvement in the above said crime. Even if it is assumed that the petitioner is an accused in a crime, the same is also not a ground to reject the application of the petitioner for issuance of passport in view of the settled principle of law that mere registration of a crime is not a ground for rejection of the application for issuance of passport. 6. In view of the above, this writ petition is disposed of, directing the passport authorities to consider the application of the petitioner for issuance of passport as per law. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 28.09.2026 MP 5 132 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.26758 of 2026 Dated : 28.09.2026 MP