Daddolu Pavan Teja Vs the Union of India

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 order or direction more particularly^{oneinthenatureof} Writ of Mandamus to declare the action of respondent no. 2 and 3 in keeping application of the petitioner vide Application No. VJ6076563158124^onhold for renewing the passport on the ground that a Criminal Case vides CC No.

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2314 of 2022 on the file of V Additional Judicial Magistrate^{ofFirstClassCum} Mobile Court, Nellore, as illegal, arbitrary, violation of Art. 14, 19 and 21 of Constitution of India and violation of Provisions of Passport Act, 1967 and Rules framed there under and consequently direct the Respondent to renew the passport of the Petitioner vide Application No. VJ6076563158124 without reference to pending Criminal Case CC No. 2314 of 2022^onthefileofV Additional Judicial Magistrate of First Class - Cum - Mobile Court, Nellore.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to renew the passport of the Petitioner vide Application NO.VJ6076563158124 without reference to pending Criminal^CaseCC No. 2314 of 2022 on the file of V Additional Judicial Magistrate of First Class - Cum - Mobile Court, Nellore pending disposal of the above Writ petition.

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Counsel for the Petitioner: SRI A. SRI RAM REDDY REPRESENTING SRI HARINATH REDDY SOMA

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Counsel for the Respondents: VENKATESWARLU GUNDUBOINA (CENTRAL GOVT. COUNSEL)

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The Court made the following order:

[3331]

APHC010045342025

i-’

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 2631/2025

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Between;

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1.DADDOLU PA VAN TEJA, , S/O. RAMANAIAH DADDOLU, AGED ABOUT 37 YEARS, OCC SELF EMPLOYED, R/0. D. NO. 25-3-555, 10TH STREET, LAKE VIEW COLONY, NELLORE.

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...PETITIONER

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AND

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1.THE UNION OF INDIA, REP.BY ITS SECRETARY MINISTRY OF EXTERNAL AFFAIRS, (MEA) IS SO(DB), 74B SOUTH BLOCK,^NEW DELHI.

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2.THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, 4TH FLOOR, STALIN CENTER, VIJAYAWADA.

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3.THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, MARRIPALEM VUDA LAY OUT NAD POST, NEAR PF OFFICE RD, BESIDE RYTHU BAZAR, VISAKHAPATNAM.

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...RESPONDENT(S);

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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 order or direction more particularly^{oneinthenature} of Writ of Mandamus to declare the action of respondent^no. 2 and 3 in keeping application of the petitioner vide Application^{No.VJ6076563158124} on hold for renewing the passport on the ground that^{aCriminalCasevides} CC No. 2314 of 2022 on the file of Hon'ble V Additional Judicial Magistrate of First Class Cum Mobile Court, Nellore, as illegal, arbitrary, violation of Art. 14,

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2

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19 and 21 of Constitution of India and violation of Provisions of Passport Act, 1967 and Rules framed there under and consequently direct the Respondent to renew the passport of the Petitioner vide Application No. VJ6076563158124 without reference to pending Criminal^CaseCCNo. 2314 of 2022 on the file of Hon'ble V Additional Judicial Magistrate of First Class Cum Mobile Court, Nellore and pass

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents direct the Respondent to renew the passport of the Petitioner vide Application NO.VJ6076563158124 without reference to pending Criminal Case CC No. 2314 of 2022 on the file of Hon'ble V Additional Judicial Magistrate of First Class Cum Mobile Court, Nellore pending disposal of the above Writ petition and pass

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Counsel for the Petitioner;

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1.HARINATH REDDY SOMA

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Counsel for the Resppndent(S):

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1.VENKATESWARLU GUNDUBOINA (CENTRAL GOVT COUNSEL)

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The Court made the following:

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Heard Sri A.Sri Ram Reddy, learned counsel representing^SriHarinath Reddy Soma, learned counsel for the petitioner and Sri Venkateswarlu Gunduboina, learned panel counsel for respondents 1^to3. 2. The petitioner made an application vide file No.VJ6076563158124 dated 17.05.2024 seeking issuance of passport before the 2”^^ respondent. A shortfall notice dated 30.05.2024 (Ex.P2), was issued to the petitioner due to an adverse police verification report. Thereafter, a reminder notice dated 08.01.2025 (Ex.P3) was issued to the petitioner.

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Learned counsel for the petitioner would contend that mere pendency of a criminal case is no ground to deny the issuance of a passport.

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3

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Learned counsel for the respondents would submit that^{C.C.N0.2314of} 2022 on the file of the V Additional Judicial Magistrate^of First Class-cumMobile Court, Nellore is pending wherein the petitioner is arrayed as accused. Learned counsel would submit that the petitioner has to approach the jurisdictional Court and make an application.

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In reply, learned counsel for the petitioner would submit that the petitioner will approach the jurisdictional Court and file an application. 6. Given the facts and circumstances, the writ petition is disposed of, at the admission stage with the consent of both the learned counsel, giving liberty to the petitioner to approach the jurisdictional court and file an application. If such an application is filed by the petitioner, the learned jurisdictional court shall consider and pass appropriate orders, keeping in view Rule 12 of the Passport Rules 1980. No order as to^costs.

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Miscellaneous petitions pending, if any, shall stand^closed.

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//TRUE COPY//

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Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR SECTION OFFICER

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To,

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