APHC010149202026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] FRIDAY,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO: 8659/2026 Between: 1. SHOBA MANNEPU, W/O VENKATA SREENIVASULU MANNEPU, AGED 46 YEARS, R/O. D.NO. 127/7, SRI RAMA RESIDENCY PHASE-1, PEDDAPADU VILLAGE, KURNOOL DISTRICT, ANDHRA PRADESH-518003. ...PETITIONER AND 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS SOUTH BLOCK, NEW DELHI-110011. 2. THE REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN CENTRAL, D.NO. 27-37- 158, GOVERNORPET, M.G. ROAD, VIJAYAWADA, ANDHRA PRADESH-520002. 3. THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, ANDHRA PRADESH-518001.3. THE STATION HOUSE OFFICER, K.NAGALAPURAM 4. THE STATION HOUSE OFFICER, K.NAGALAPURAM POLICE STATION, KURNOOL DISTRICT, ANDHRA PRADESH-518360. ...RESPONDENT(S): 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 topleased to issue a Writ of Mandamus or any other appropriate writ, order, or direction declaring the act of the respondents particularly 2 Respondent No. 2 in not considering representation dated 27.02.2026 of the petitioner to consider her request to issuance of passport to the petitioner in File No. VJ3067494684125 dated 18.03.2025 in the light of the case in Crime No. 10/2025 on the file of the SHO PS, K.Nagalapuram Police Station, i.e., on the file of the 4th respondent which was closed as FALSE by virtue of order of the 2nd respondent dated 08.07.2025 as illegal, arbitrary and also oppose to all cannons of justice consequentially direct the 2nd respondent to consider the case of the petitioner issuance of passport to the petitioner in File No. VJ3067494684125 dated 18.03.2025 by considering the representation of the petitioner dated 27.02.2026 forthwith and to pass 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 may be pleased to direct the 2nd respondent to consider the case of the petitioner issuance of passport to the petitioner in File No. VJ3067494684125 dated 18.03.2025 by considering the representation of the petitioner dated 27.02.2026 forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. JOSYULA BHASKARA RAO(SENIOR PANEL COUNSEL FOR CENTRAL GOVT.) The Court made the following: 3 THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No: 8659 of 2026 ORDER: - This writ petition is filed against the action of the respondent No.2 in not considering the representation, dated 27.02.2026 of the petitioner to consider her request to issuance of passport to the petitioner vide File No.VJ3067494684125, dated 18.03.2025 in view of the pendency of criminal case in Crime No.10 of 2025 on the file of the Station House Officer PS, K.Nagalapuram Police Station, i.e., on the file of the 4th respondent which was hold as “false” by virtue of order of the 2nd respondent, dated 08.07.2025 as illegal, arbitrary and for a consequential direction to the 2nd respondent to consider the case of the petitioner for the issuance of passport by considering the representation of the petitioner dated 27.02.2026. 2. During the course of hearing, learned Government Pleader appearing for the 3rd and 4th respondents on instructions would submit that the criminal case registered vide Crime No.10 of 2025 by the 4th respondent is referred as “false” and to that effect the 3rd respondent filed a report before the VI Additional District & Sessions Judge-cum-Special Court for SC/ST Act at Kurnool. 3. Learned Government Pleader further submits that a referred notice is served on the de facto complainant and he took time to file protest 4 petition and accordingly, he would submit that till the final report is accepted by the Criminal Court, it has to be treated that the criminal case in Crime No.10 of 2025, registered by the 4th respondent will continue. 4. On the other hand, learned counsel for the petitioner would submit that once the 4th respondent has referred the case as “false” and filed report before the competent Criminal Court, then it can be treated as no case pending against the petitioner. 5. Having considered the facts and circumstances of the case, it is the considered opinion of this Court that, unless the competent Criminal Court accepts the referral report filed by the 4th respondent, till then, it has to be construed that the crime is pending. After considering the protest petition to be filed by the de facto complainant or after giving reasonable opportunity to the de facto complainant, the competent Criminal Court will pass an appropriate order to close the criminal case. Till then, the criminal case will continue against the petitioner. 6. In view of the same, to protect the interest of the petitioner and following earlier orders passed by this Court in an identical circumstances in W.P.No.5769 of 2026 and batch, dated 07.04.2026, this writ petition is disposed of with the following directions: “The Passport Authorities to consider and pass appropriate orders on the applications submitted by the petitioners for issuance of passports or re- issuance of passports or renewal of passports, for a period of ten (10) 5 years, under Section 10 of the Passports Act, 1967 and under Rule 12 of Passport Rules, 1980 and also the Gazette Notification issued by the Central Government vide GSR No.570(E), dated 25.08.1993, without reference to the criminal proceedings pending against the petitioners before the concerned Courts, subject to the following conditions: (i) The petitioners shall submit an undertaking, along with an affidavit affirming that he/she will not leave the country during the pendency of the criminal proceedings, pending against them without permission of the courts having jurisdiction and that he/she will co-operate with concerned trial court in concluding the proceedings. (ii) On filing such an undertaking as well as affidavit, the concerned trial court shall issue a certified copy of the same within two (02) weeks. (iii) The petitioners shall submit the certified copy of the aforesaid undertaking before the respondent-Passport Officer for issuance of passport or re-issuance or renewal of his/her passport. (iv) The respondent-Passport Officer shall consider the said application in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioners for issuance of passport or re-issuance or renewal of his/her passport in accordance with law, within two (02) weeks from the date of said application. (v) On renewal of the passport, the petitioners shall deposit the original renewed Passport before the concerned trial court. (vi) The petitioners shall file an application before the concerned trial Court seeking permission to travel abroad. (vii) The concerned trial Court shall consider the same, in accordance with law.” 7. Hence, following the said orders, this writ petition is allowed on the same terms. 6 8. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _________________________ JUSTICE BATTU DEVANAND Date: 17.04.2026 SA 7 40 THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.8659 of 2026 Dt.17.04.2026 SA