Andhra Pradesh High Court

Kancharla Veerayya v. The Union of India

WP/16940/2026

Decision date
2026-06-28
Text availability
Full text
Judges
Ravi Cheemalapati

Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗

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Judgment text

Date of reserved for orderss : Date of pronouncement : 29.06.2026 Date of uploading : 03.07.2026 APHC010318642026 IN TH E HIGH COURT OF ANDHRA PRADDESH AT AMARAVATI [3332] (Special Original Jurisdiction) MONDDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURAABLE SRI JUSTICE RAVI CHEEMALLAPATI WRRIT PETITION NO: 16940/2026 Between: 1. KANCHARLA VEEERAYYA, S/O LATE KAMESWARRAO, AGE 64 YEARS, R/O 1-1 09 DEVALAYAM STREET, NEELAAPALLI, EAST GODAVARI DISTRIICT, ANDHRA PRADESH, PIN CODEE NO.533464. ...PETITIONER AND 1. THE UNION OF INNDIA, REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRRS, CENTRAL SECRETARIATE NEEW DELHI, PIN CODE NO. 110001.. 2. THE REGIONAL PPASS PORT OFFICER, REGIONALL PASS PORT OFFICE, VISAKHHAPATNAM, VISAKHAPATNAM DISSTRICT, PIN CODE NO.530009. 3. THE STATION HOOUSE OFFICER, 3. KOVVURUU TOWN P.S., KOVVURU, EAST GODAVARI DISTRICT, PIN CODE N O.534350. ...RESSPONDENT(S): Petition under Articlle 226 of the Constitution of India praaying that in the circumstances stated in the affidavit filed therewith, the Highh Court may be pleased to issue order ddirection more particularly one the in thhe nature of writ of MANDAMUS to decla re the action of the Respondents in nnot considering the application vide. Reff. No.24-1014352503 on 25.11.2024 for issuance of Pass Port in favour of thhe Petitioner as illegal arbitrary and contrary to the 2

provisions of the Pass Port Act, 1967 and consequently direct the Respondent to complete the process of the application filed by the Petitioner for issuance of Pass Port in favor of the Petitioner by considering the application submitted by the Petitioner on 25.11.2024 in accordance with law and to pass 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 2nd respondent to consider the application Vide. Ref. No.24-1014352503 on 25.11.2024 for issuance of Pass Port in favour of the petitioner without reference to the CrI. Case in Counsel for the Petitioner: 1.P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1.GP FOR HOME 2. 3 The Court made the following order: Non-consideration of the application vide Ref.No.24-1014352503 dated 25.11.2024 for issuance of Passport in favour of the petitioner, is his grievance. 2. Heard Sri P.R.K.Amarendra Kumar, learned counsel for the petitioner, learned Deputy Solicitor General appearing for respondent Nos.1 and 2 and learned Assistant Government Pleader for Home appearing for respondent No.3. 3. After arguing the matter for some time, learned counsel for the petitioner sought liberty to file an appropriate application before the Court of the II Additional Junior Civil Judge-cum-II Additional Judicial Magistrate of First Class, Kovvur.

4. Perusal of the material available on record shows that Calendar Case No.354 of 2022 is pending against the petitioner on the file of the Court of II Additional Junior Civil Judge-cum-II Additional Judicial Magistrate of First Class, Kovvur. 5. The Hon’ble Supreme Court, as well as various High Courts, have consistently held that criminal proceedings can be said to have commenced only after the competent Court has taken cognizance of the offence and the issuance of renewal of a passport would thereafter depend upon the concerned Court granting No Objection Certificate or appropriate permission. 4 6. Taking the facts and circumstances of the case into consideration and having regard to the fact that C.C.No.354 of 2022 is pending against the petitioner and that the petitioner intends to file an application before the concerned Court, this Court is inclined to dispose of the Writ Petition at the admission stage itself. 7. Accordingly, the Writ Petition is disposed of granting liberty to the petitioner to make an appropriate application before the learned II Additional Junior Civil Judge-cum-II Additional Judicial Magistrate of First Class, Kovvur for issuance of ‘No Objection Certificate’ for renewal of his Passport. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any in the Writ Petition, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Dated: 29.06.2023 MP Whether the order is : Speaking  / Reasoned

Reportable / Non-Reportable  5 31 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16940/2026 Date: 29.06.2026 MP