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2026 DAILYLAW 17616 (AP)

Sri Venkata Lakshmi Pala v. THE UNION OF INDIA

WP/5090/2026 · 2026-02-23

K Sreenivasa Reddy

body2026

Judgment text

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APHC010088832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 5090/2026 Between: 1. SRI VENKATA LAKSHMI PALA,, W/O SRIHARI PALA, AGED 54 YEARS, OCC HOUSE WIFE, R/O D.NO.27-3- 7/A5/F217,S L V S S B G ENCLAVE, NETHAJI ROAD, BHIMAVARAM, WEST GODAVARI DISTRICT, ANDHRA PRADESH-534202 ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY ITS SECRETARY, CPV AND OVERSEAS INDIAN AFFAIRS MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER, VISAKHAPATNAM. 3. THE STATION HOUSE OFFICER, II TOWN POLICE STATION, BHIMAVARANN WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. SRK, J WP No.5090 of 2026 2 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 5090 of 2026 ORDER: This Writ Petition is filed seeking the following relief: “…to issue a writ order or direction, more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents in issuing passport of the petitioner pursuant to his application vide Application vide Application No. VS4065128382225, dt.04.06.2025 under the guise of pendency of Criminal Case vide Cr.No.385/2021 on the file of the Bhimavaram 2 Town Police Station, West Godavari District without assigning any valid reasons as illegal, manifestly arbitrary, unreasonable, irrational, perverse, unfair, biased, preposterous, whimsical, capricious, unconscionable, unconstitutional besides being violative of Principles of Natural Justice besides being opposed to the very spirit and object of Justice and Fair-play and Fundamental Rights guaranteed under Article 14, 19, 21 and 300-A of the Constitution of India and to consequentially direct the respondents to issue a fresh passport to the petitioner without reference to the said cases and to pass such order(s) as the Hon'ble Court deems fit in the interest of Justice and in the circumstances of the case…” 2. Heard Sri B.Rama Shankara Rao, learned counsel for the petitioner and Sri Akhil Krishnan, learned Standing Counsel for the Central Government appearing for respondent Nos.1 and 2 and Sri Md.Farooq, learned Assistant Government Pleader for Home appearing on behalf of respondent No.3. SRK, J WP No.5090 of 2026 3 3. The petitioner herein made an application vide Application No. VS4065128382225 dated 04.06.2026 for issuance of a passport, but 2nd respondent has not issued the passport on the ground that the petitioner is involved in Crime No. 385 of 2021 of Bhimavaram II Town Police Station, West Godavari District, registered for the offences punishable under Sections 465, 468, 471, and 200 read with Section 511 IPC, wherein the police filed a charge sheet, which was taken on file as C.C. No. 170 of 2022 on the file of the learned II Additional Judicial Magistrate of First Class, Bhimavaram. 4. Learned counsel for the petitioner would contend that mere pendency of a criminal case is no ground to deny issuance of a passport. 5. Learned counsel for the respondents would submit that C.C. No.170 of 2022 on the file of the learned II Additional Judicial Magistrate of First Class, Bhimavaram is pending against the petitioner, wherein the petitioner is arrayed as accused. Learned counsel would submit that the petitioner has to approach the jurisdictional Court and make an application. 6. It is submitted by the learned counsel for the Petitioner that the subject matter of this Writ Petition is squarely covered by the SRK, J WP No.5090 of 2026 4 Order passed by a Coordinate Bench of this Court vide W.P.No.23426 of 2024, dated 06.11.2024. 7. Considering the submissions made, following the said Order passed by a Coordinate Bench of this Court in W.P.No.23426 of 2024, dated 06.11.2024 and taking into consideration of the facts and circumstances of the case, this Court is inclined to dispose of the present writ petition with a direction to respondent No.2 to release the passport of the petitioner, without raising any objection relating to the Criminal Case vide C.C. No.170 of 2022 on the file of the learned II Additional Judicial Magistrate of First Class, Bhimavaram, within two (02) weeks from the date of receipt of a copy of this order. 8. Further, if the petitioner intends to travel abroad, he shall obtain NOC permission from the Court concerned for such travel and shall appear before the trial Court, whenever his presence is required by the Court. 9. However, this order shall not preclude the prosecution from taking such steps as are necessary to ensure the presence of the petitioner for any other purposes. 10. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. SRK, J WP No.5090 of 2026 5 As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:24.02.2026 Asr SRK, J WP No.5090 of 2026 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.5090 of 2026 Date:24.02.2026 Asr