WP/32875/2025 of VITTALA PUJAN LEELA KRISHNA Vs THE UNION OF INDIA on 2 December 2025

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

2. THE 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. THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN CENTRAL, D.NO.27- 37-158, M.G. ROAD, VIJAYAWADA.

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

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

6. THE STATION HOUSE OFFICER, TADEPALLI P.S, GUNTUR

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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

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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 6th 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 Division Bench of this Court in W.A. No.383 of 2024, considered the said aspect of cognizance by the Court in a criminal case vis-à-vis an application made for the issuance of a passport and observed as follows: <16. Considering the facts of the present case on the touchstone of the principles laid down in the aforementioned judgments, it is clear that the Court of Special Mobile Judicial First Class Magistrate, Kakinada, having not taken judicial notice of the charge sheet filed before it, cannot be said to have taken cognizance much less can the Court be said to have initiated proceedings in terms of Chapter XVI of the Code of Criminal Procedure.

17. Therefore, we would have no hesitation in holding that proceedings would be said to have been pending only if cognizance had been taken by the Court and steps had been taken by the Court under Chapter XVI of the Code of Criminal Procedure. Since, there was no cognizance taken, there would be no question of >proceedings pending before a criminal Court?,

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which would attract the provisions of Section 6(2)(f) of the Passports Act, 1967.=

4. At the hearing, Sri P. Ajay Babu, learned Assistant Government Pleader for Home, appearing on behalf of the respondent Nos.4 to 6, has not disputed the said facts and submits that since cognizance is taken by the competent criminal Court and charge sheet is already filed, the petitioner has to approach the concerned jurisdictional Magistrate Court.

5. Apart from the above discussion, in the case on hand, the petitioner, without approaching the concerned jurisdictional Magistrate Courts, has straightaway approached this Court. The petitioner was expected to submit his explanation. This Court does not find, in the facts of this case, infringement of right, if any, of the petitioner to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. At this juncture, the learned counsel for the petitioner would submit that the petitioner will approach the jurisdictional Magistrate Court concerned.

6. Given the facts and circumstances of the case, the Writ Petition is disposed of, giving liberty to the petitioner to approach the learned jurisdictional criminal Court and make an appropriate application. If such an application is filed, the learned jurisdictional Court concerned shall consider the same and pass appropriate orders, as per the Passports Act and the Rules, as expeditiously as possible. No order as to costs.

As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM

Date: 03.12.2025 KAS

JS,J

THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

JS,J W.P.No.32875/2025

WRIT PETITION NO: 32875/2025

Date: 03.12.2025 KAS