K Sreevani Vs Union of India

THE JOINT SECRETARY PSP AND CHIEF, PASSPORT OFFICER PASSPORT SEVA PROGRAMME DIVISION MINISTRY OF EXTERNAL AFFAIRS ROOM NO 27 PATIALA HOUSE TILAK MARG NEW DELHI 110001.

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UNITED STATES CONSULAR GENERAL, GEMENI CIRCLE, GOPALAPURAM, CHENNAI REP BY ITS AMBASSADOR/AUTHORITSIED OFFICER.

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THE REGIONAL PASSPORT OFFICER, DOOR NO. 27-37-158, GOVERNORPET, M G ROAD, VIJAYAWADA 522 002, NTR DISTRICT.

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

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THE STATION HOUSE OFFICER, I TOWN P.S NELLORE, SPSR NELLORE DIST.

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KUKATI SRINADHA REDDY, S/O. LAKSHMI NARSA REDDY, AGED 46 YEARS, R/O. ADITHYA NAGAR, NELLORE CITY, NELLORE

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THE PUBLIC INFORMATION OFFICER/ REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN CENTRE, D.NO.27-37,158 GOVERNORPET, M G ROAD, VIJAYAWADA 522 002.

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THE PUBLIC INFORMATION OFFICER/ UNITED STATES COSULAR GENERAL, GEMENI CIRCLE, GOPALAPURAM,

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SRK, J W.P.No.16629 of 2025

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CHENNAI. RR 8 AND 9 ARE IMPLEADED AS PER THE COURT'S ORDER DT.13.11.2025 IN I.A.NO.02 OF 2025

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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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, to declare the acts on the part of the 3rd respondent without impounding the passport of respondent No. 7 vide passport No. X6746397 issued on 20.3.2023 though brought to his notice that the respondent No. 7 is implicated in a Criminal Case triable by the court of Sessions amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India, besides being Section 10(3) of Passport Act and consequently direct the Respondent No. 4 to held an enquiry and take action against the respondent No. 7 about his misrepresenting the facts while obtaining passport forthwith in the interest of justice and to pass

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IA NO: 1 OF 2025

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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 pleased to to direct the respondent No. 3 a 4 to furnish the copies uploaded by the respondent No. 7 while obtaining passport vide passport No. X6745397 issued on 20.3.2023 pending disposal of the the interest of justice and to pass

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IA NO: 2 OF 2025

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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 implead the proposed respondents (8)The Public Information Officer cum Regional Passport Officer, 4th Floor, D No. 27-37,158Stalin Center, Governorpet, M G Road, Vijayawada and (9)The Public Information Officer United States Consular General, Gemeni Circle, Gopalapuram, Chennai as respondents 8 6t 9 in the above WP NO. 16629 / 2025 and as well as Interlocutory Applications as proper parties in the interest of justice and to pass

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Counsel for the Petitioner:

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1.T C KRISHNAN

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Counsel for the Respondent(S):

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1.M UMA DEVI (CENTRAL GOVT COUNSEL)

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2.GP FOR HOME

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The Court made the following:

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SRK, J W.P.No.16629 of 2025

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION No.16629 of 2025

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ORDER:

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This Writ Petition has been filed seeking to declare the action of respondent No.3 in not impounding the passport of respondent No.7 vide passport No.X6746397 issued on 20.03.2023 though brought to his notice that respondent No.7 is implicated in a Criminal Case triable by the Court of Session as illegal and arbitrary, and consequently direct the respondent No.4 to hold an enquiry and take action against the respondent No.7 about his misrepresenting the facts while obtaining passport forthwith.

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Case of petitioner is that husband of petitioner herein was running a jewellery shop in the name and style of Vijaya Sri Jewellery shop at Chinna Bazar, Nellore. His brother is a software engineer and he went to abroad i.e., America and was sending his saving/earnings to the petitioner’s deceased husband instructing to purchase house site and plots at Nellore for development. The deceased used to give the said amount by way of hand loan to the borrowers instead of purchasing house plots.

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ii. On 25.12.2015 at about 9.30 p.m., the petitioner’s husband consumed pesticide and became unconscious. He was admitted in the hospital and while undergoing treatment, he was succumbed on 11.01.2016. In respect of the same, a case in Crime No.6 of 2016 of I Town Police Station, Nellore has been registered under Section 174 Cr.P.C. On 26.12.2016, the petitioner found two suicide notes, one addressed to the

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SRK, J W.P.No.16629 of 2025

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Superintendent of Police and the other is to his younger brother Mr.K.Srinivasa Reddy with his own hand writing and signatures. Basing on the suicide report, the Section of law in the case in Crime No.6 of 2016 has been altered from Section 174 Cr.P.C. to Sections 306, 420 and 506 IPC. After conducting investigation, the police filed charge sheet.

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iii. Be that as it may, the un-official respondent i.e., 7^th respondent had approached the Regional Passport Officer, Vijayawada and made an application through online by uploading the documents which are necessary to process the said application by concealing the fact that a case has been registered against him since 2016. 7^th respondent obtained passport bearing No.X6746397, dated 20.03.2023 and fled away to abroad. In connection with that, the petitioner herein made an application to respondent No.4 seeking documents that are uploaded by 7^th respondent along with the copy of application so as to place the same before the Sessions Court to bring it to the notice of the Court. Subsequently a representation has been made to 4^th respondent herein to revoke the un-official respondent’s passport. Petitioner further submits that 7^th respondent fled away to America on 11.07.2024. 4^th respondent rejected the request of petitioner as if the information sought by her is under exemption under Section 8(1)(j) of RTI Act. The petitioner further submits that she made a complaint before the United State Consular General, Gemeni Circle, Gopalapuram at Chennai, Tamilnadu 600 006 complaining that the un-official respondent availed visitors Visa B1/B2 by fraudulent manner and fled away on 11.07.2024.

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SRK, J W.P.No.16629 of 2025

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iv. On 09.08.2024 and 14.09.2024, the petitioner made representations to 4^th respondent. In response to the representations made by the petitioner, 4^th respondent passed an order on 14.10.2024 stating that 4^th respondent has satisfied with the reply of CPIO, however, the petitioner has to submit certain certified copies in connection with the same, which are necessary for further action, if applicable as per extant norms. In respect of the same, the petitioner though tried her level best to appear before the jurisdictional officer, her efforts have gone in vain.

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Learned counsel for petitioner submits that though representations have been made, 4^th respondent authorities have not given any opportunity of personal hearing and submitting the documents to 4^th respondent.

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On a bare perusal of the order dated 14.10.2024, 4^th respondent has categorically observed to the extent that in any case any further documents are necessary for further action, if applicable as per extant norms, 4^th respondent would look into the same.

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In view of the aforesaid facts and circumstances, this Court is of the view that an opportunity can be given to the petitioner herein to explain her case before 4^th respondent authorities.

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Accordingly, the Writ Petition is disposed of, with an observation that the petitioner herein is permitted to appear before the jurisdictional authority i.e., 4^th respondent within a period of two (2) weeks from the date of receipt of copy of this order with all necessary documents and explain her case to the

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respondent authorities. Subsequently, the respondent authorities are directed to dispose of representations, if any, filed by petitioner herein in accordance with law within a period of four (4) weeks thereafter. No order as to costs.

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