WP/26758/2026 of HEMALATHA KANDULA Vs THE UNION OF INIDIA on 27 September 2026

1. HEMALATHA KANDU 59 years, Occ House H Nowman Nagar, Sai Bab

1. THE UNION OF INIDI New Delhi. 110011

2. The Regional Passpo NTR District-520 002.

3. The Station House Off District 515001 Petition under Articl circumstances stated in pleased to issue a writ, o of Writ of Mandamus to issuing the Passport to No.VJF074974437326, d involved in Crime No.345 E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) , THE 28th DAY OF SEPTEMBER 202 PRESENT ABLE SRI JUSTICE RAVI CHEEMAL T PETITION NO: 26758 OF 2026 ULA, W/o.Jayabharatha Reddy Kandu old, R/o.H.No.28-1060-1A-2-3, Abdu a Nagar, Nandyal, Nandyal District. AND IA, Rep by its Secretary, Ministry of ort Officer, Regional Passport Office fficer, I-town Police Station, Ananthap le 226 of the Constitution of India pra the affidavit filed therewith, the High order or direction more particularly o declare the action of the Respond the Petitioner in pursuant to Appli dated 24-08-2026 on the ground that 5/2023 as Accused No.2 for the offe DESH

LAPATI ula, Aged about ulla Green City, ...Petitioner External Affairs, e, Vijayawada, pur, Ananthapur ...Respondents aying that in the h Court may be ne in the nature dent No.2 in not cation vide File .the Petitioner is ence U/sec.420,

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

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 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

THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION No.26758 of 2026 Dated : 28.09.2026

MP