APHC010634782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3459]

(Special Original Jurisdiction)

WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 32875/2025 Between:

1. V ITTALA PUJAN LEELA KRISHNA, S/O. VITTALA SIVA RAMA PRASAD , AGED ABOUT- 23 YEARS, R/O. F.NO-303, SRIJAS CASTLE, PANCHAYAT RAJ COMMISSION, RELIANCE DIGITAL STORE, TADEPALLI, GUNTUR DISTRICT, A.P-522501.

...PETITIONER AND

1. T HE UNION OF INDIA, REP. BY ITS SECRETARY (CPV AND OVERSEAS INDIAN AFFAIRS), MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI.

2. T HE PASSPORT AUTHORITY OF INDIA, REP. BY ITS CHIEF PASS PORT OFFICER PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.8, PATIALA HOUSE, NEW DELHI.

3. T HE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN CENTRAL, D.NO.27-

37-158, M.G. ROAD, VIJAYAWADA.

4. T HE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT. SECRETARIAT BUILDINGS, AMARAVATHI, ANDHRA PRADES

5. T HE STATION HOUSE OFFICER, THULLURU P.S, GUNTUR DISTRICT, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI.

6. T HE STATION HOUSE OFFICER, TADEPALLI P.S, GUNTUR DISTRICT, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI.

...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 to issue a writ more particularly in the form of Writ of Mandamus declaring the inaction of the respondents in issuing the passport to the petitioner pursuant to his application vide Application VJ2067539458925 dated 07.04.2025 under the guise of pendency of a criminal case vide FIR No.136/2023 on the file of the Thulluru P.S., case is PT vide C.C.No. 974 of 2025 by Additional Junior Civil Judge Court, Mangalagiri and criminal case vide F.I.R No.652 of 2022 on the file of the Tadepalli P.S.. Case is PT vide C.C.No. 485 of 2023 by Additional Junior Civil Judge Court, Mangalagiri and in issuing notice vide SCN/321426543/25 dated 26.04.2025, without assigning any valid reasons as per se 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 300A of the Constitution of India and to consequentially direct the respondents to issue a fresh passport with a validity of 10 years to the petitioner without reference to the said crime and to pass IA 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 positively consider the Application VJ2067539458925 dated 07.04.2025 for issuance of a passport without reference to FIR No. 136/2023 on the file of the Thulluru P.S. pending disposal of the writ petition and pass Counsel for the Petitioner:

1. ANCHA PANDURANGA RAO Counsel for the Respondent(S):

1. GP FOR HOME The Court made the following ORDER:

Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Home.

2. The petitioner made an application vide Reference No.25-1003577777 and File No.VJ2067539458925, dated 07.04.2025, for passport. The application was not processed due to adverse verification report. The petitioner submits that crime No.652 of 2022 was settled before the Lok Adalat on 13.09.2025 and in crime No.136 of 2023, the 6^th respondent has filed charge sheet vide C.C.No.974 of 2025 and further submits that cognizance is taken by the competent criminal Court.

3. Learned counsel for the petitioner would submit that mere pendency of criminal cases is not a bar to issue passport to the petitioner and submits that the Divisio