Pediredia Sagar vs Union Of India on 9 March, 2026

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    Andhra Pradesh High Court – Amravati

    Pediredia Sagar vs Union Of India on 9 March, 2026

    Author: K Sreenivasa Reddy

    Bench: K Sreenivasa Reddy

    APHC010105782026
    
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI           [3327]
                              (Special Original Jurisdiction)
    
                   MONDAY, THE NINTH DAY OF MARCH
                    TWO THOUSAND AND TWENTY SIX
    
                                   PRESENT
      THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
                        WRIT PETITION NO: 5942/2026
    Between:
       1. PEDIREDIA SAGAR,, S/O NAGESWARA RAO AGED 23
          YEARS,R/O 71-31-16/1,ALLURI SEETARAMA RAJU
          STREET,NEAR HANUMAN TEMPLE, VISAKHAPATNAM,
          ANDHRA PRADESH,PIN 530011
                                           ...PETITIONER
                             AND
       1. UNION OF INDIA, ,REP.BY ITS SECRETARY MINISTRY
          OF EXTERNAL AFFAIRS,SOUTH BLOCK SECRETARIAT,
          RAISING HILLS,NEW DELHI.
       2. THE REGIONAL PASSPORT OFFICER, REGIONAL
          PASSPORT      OFFICE,    VISAKHAPATNAM,NEARP.F-
          OFFICE,BESIDERYTHU       BAZAR,MARRIPALEM,VUDA
          LAYOUT, NAD POST,VISAKHAPATNAM-530009
       3. THE STATION HOUSE OFFICER, III TOWN POLICE
          STATION,VISAKHAPATNAM CITY VISAKHAPATNAM.PIN-
          530003
                                          ...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 an appropriate writ order or
    direction more particularly one in the nature of Writ of mandamus
    declare the action of the respondents in not considering the
    passport        of     the      petitioners     vide       application
    NO.VS05C5002125523 dated 05-05-2025 due to the pendency of
    the Criminal case No.Crime No.456/2022 on the file of III Town
    police station, Visakhapatnam City is highly         arbitrary, illegal,
    improper, contrary to law and against the principles of natural
    justice and in violation of Articles 14,19,21 of the constitution of
                                                                         SRK, J
                                                            W.P.No.5942 of 2026
                                      2
    
    
    India and also against the passport Act ,1967 and rules therein
    and consequently direct the respondents to issue passport
    
    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 respondents forthwith
    to issue the passport to the petitioner pending disposal of the
    above writ petition
    
    Counsel for the Petitioner:
       1. M. SAPTHAGIRI
    Counsel for the Respondent(S):
       1. GP FOR HOME
       2. VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT
          COUNSEL)
    
          The Court made the following:
                                                                                       SRK, J
                                                                          W.P.No.5942 of 2026
                                               3
    
    
                                        O R D E R:

    This Writ Petition was filed seeking the following relief:

    “…to issue an appropriate Writ Order or direction more
    particularly one in the nature of Writ of Mandamus, declare the
    action of the respondents in not considering the petitioner’s
    passport application vide No.VS05C5002125523 dated 05.05.2025
    due to the pendency of Crime No.456 of 2022 of III Town Police
    Station, Visakhapatnam city as arbitrary, illegal, improper, contrary
    to law and against the principles of natural justice and in violation
    of Articles 14, 19 and 21 of the Constitution of India and
    consequently, direct the respondents to issue passport and pass
    such other order or orders …”

    2. Contents of the affidavit filed by the Writ Petitioner, in

    SPONSORED

    brief, are that the Writ Petitioner is native of Visakhapatnam

    District; he studied B.Com., and was doing a private job; that a

    case in Crime No.456 of 2022 of III Town Police Station,

    Visakhapatnam city for the offences punishable under Sections 3

    and 4 of the Andhra Pradesh Gaming Act, 1974 (for brevity ‘the

    Act, 1974’) was registered against the Writ Petitioner and other

    persons; that the Writ Petitioner is arrayed as accused No.9 in the

    said crime, and investigation is pending in the said case.

    (b) The Writ Petitioner applied for Passport before 2nd

    respondent, but as the aforesaid crime was registered and

    investigation is pending, the Writ Petitioner was denied to issue

    passport. The Writ Petitioner is a law abiding citizen and he got an
    SRK, J
    W.P.No.5942 of 2026
    4

    offer to travel officially in regard to work related purpose; that mere

    pendency of a crime cannot be treated as an automatic

    disqualification for issuance of a Passport. Hence, the Writ

    Petition.

    3. During arguments, learned counsel for the Writ

    Petitioner reiterated the contentions raised in the Writ Petition

    affidavit.

    4. Sri Venna Hemanth Kumar, learned counsel for the

    Central Government appearing for respondent Nos.1 and 2 would

    contend that in response to the application made by the Writ

    Petitioner, a notice was issued to him with regard to pendency of

    crime, which was registered against him, but the Writ Petitioner

    did not choose to file any response from his side. In view of the

    said reason, vide Letter dated 05.03.2025, the Writ Petitioner was

    informed that the application for issuance of passport, which was

    filed by the Writ Petitioner, was closed and appropriate notice has

    also been placed in the Official website viz.

    www.passportindia.gov.in, in the section ‘Track Status’, against

    the file number. According to the learned counsel, the Writ

    Petitioner may, however, apply for fresh passport with all the

    documents and requisite fee, anytime at the Passport Seva
    SRK, J
    W.P.No.5942 of 2026
    5

    Kendra near to the place of Writ Petitioner, by quoting the

    previous file number at the appropriate places in the relevant

    forms.

    5. At this stage, learned counsel for the Writ Petitioner

    submits that the Writ Petition may be disposed of, permitting the

    Writ Petitioner to make a fresh application along with documents

    by paying requisite fees for issuance of passport.

    6. Having regard to the facts and circumstances, the

    Writ Petition is disposed of, permitting the Writ Petitioner to file

    fresh application before the respondent-authorities, for issuance of

    passport by quoting the previous file number wherever necessary.

    No costs.

    As a sequel thereto, the miscellaneous applications, if any,

    pending in this Writ Petition shall stand closed.

    ________________________
    JUSTICE K. SREENIVASA REDDY
    9th March, 2026.

    DNB



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