Yeduguri Sandinti Jagan Mohan Reddy v. State Of Andhra
2025-01-07
K SREENIVASA REDDY
body2025
DigiLaw.ai
ORDER : K Sreenivasa Reddy, J. The Criminal Petition has been filed assailing the Order dated 04.01.2025 passed in Crl.M.P.No.1104 of 2024 in C.C.No.33 of 2018 on the file of the Special Court for trial of Criminal Cases relating to Elected M.Ps. and M.L.As., Vijayawada (hereinafter referred to, as ‘the Special Court’) and to grant NOC/permission for issuance of fresh Passport to the petitioner. 2. Heard Sri S.Sriram, learned senior counsel appearing for Sri S.Dushyant Reddy, learned counsel for the petitioner and the learned Public Prosecutor appearing for respondent/State. Perused the record. 3. Petitioner is A.3 in C.C. No.33 of 2018 on the file of the Special Court, which was taken on file against the petitioner and other accused, pursuant to a private complaint filed by 2nd respondent herein for the offences punishable under Sections 499, 500, 501 and 502 read with 34 IPC. As the petitioner was intending to travel to United Kingdom for a period of three weeks from 03.09.2024 to 25.09.2024, for which he is required to possess a passport with a minimum validity of six to twelve months, and as the validity period of his passport was expiring by 29.11.2024, he first made an application in Crl.M.P.No.126 of 2024 in C.C.No.8 of 2012 on the file of the Principal Special Judge for CBI Cases, Hyderabad (in which petitioner is A.1) seeking a direction to passport authorities to issue new passport with a validity of 10 years and also to permit the petitioner to travel to United Kingdom for the aforesaid period of three weeks. Vide Order dated 27.08.2024, the Principal Special Judge for CBI Cases, Hyderabad partly allowed the petition, directing the passport authorities to issue a fresh passport to the petitioner with a validity of five years if the application made by the petitioner is in order and permitted the petitioner to travel to United Kingdom for the said period of three weeks by imposing certain conditions. 4. Pursuant to the Order dated 27.08.2024 passed by the Principal Special Judge for CBI Cases, Hyderabad, the petitioner made an application for issuance of fresh passport. The Regional Passport Officer, Vijayawada informed the petitioner to obtain necessary permission from the Special Court in view of pendency of aforesaid C.C.No.33 of 2018.
4. Pursuant to the Order dated 27.08.2024 passed by the Principal Special Judge for CBI Cases, Hyderabad, the petitioner made an application for issuance of fresh passport. The Regional Passport Officer, Vijayawada informed the petitioner to obtain necessary permission from the Special Court in view of pendency of aforesaid C.C.No.33 of 2018. Thereupon, the petitioner made an application in Crl.M.P.885 of 2024 in C.C.No.33 of 2018 before the Special Court seeking permission to issue No Objection Certificate/ permission to the petitioner to travel United Kingdom for a period of three weeks commencing from 03.09.2024 to 25.09.2024. Vide its Order dated 05.09.2024, the Special Court allowed the petition issuing No Objection/Permission for issuance of fresh passport/ renewal of passport to the petitioner for a period of one year to travel United Kingdom in the aforesaid period, on his execution of self bond for Rs.20,000/- with one surety for the like sum and to give an undertaking in writing to the passport authorities concerned that he shall appear before the Court as and when his presence is required by the Special Court besides giving an undertaking under G.S.R.No.570(E), dated 25.08.1993. As there is variance in the Order dated 05.09.2024 passed in Crl.M.P.885 of 2024 in C.C.No.33 of 2018 passed by the Special Court and in the Order dated 27.08.2024 passed in Crl.M.P.No.126 of 2024 in C.C.No.8 of 2012 by the file of the Principal Special Judge for CBI Cases, Hyderabad, with regard to period of issuance of passport, the petitioner filed Criminal Petition No.6239 of 2024 before this Court. By its Order dated 11.09.2024, this Court disposed of the said Criminal Petition No.6239 of 2024 modifying the Order dated 05.09.2024 passed by the Special Court to the extent of validity period of the fresh passport by duly substituting the period of one year by five years. But, in view of paucity and efflux of time, the petitioner could not travel to United Kingdom from 03.09.2024 to 25.09.2024. 5.
But, in view of paucity and efflux of time, the petitioner could not travel to United Kingdom from 03.09.2024 to 25.09.2024. 5. The petitioner herein filed Criminal Petition No.6625 of 2024 before this Court seeking to quash the proceedings in C.C.No.33 of 2018 pending before the Special Court, and this Court, vide order dated 12.11.2024 in I.A.No.2 of 2024 in Criminal Petition No.6625 of 2024, dispensed with appearance of the petitioner before the Special Court and made it clear that appearance of his advocate should be considered sufficient as the appearance of the petitioner until disposal of the said Criminal Petition. The said Criminal Petition is pending. 6. In the meanwhile, as passport of the petitioner expired by 29.11.2024, the petitioner filed Crl.M.P.No.1104 of 2024 in C.C.No.33 of 2018 before the Special Judge, under Section 6 (2) (f) of the Passports Act, 1967 seeking to issue necessary permission/No Objection Certificate to acquire a fresh passport and to direct the authorities concerned to issue fresh passport with a validity period of five years. The said petition was dismissed by the Special Court, vide the impugned Order dated 04.01.2025, stating that the relief sought by the petitioner was already granted. 7. Learned senior counsel Sri S.Sriram appearing for the petitioner submits that the petitioner intends to go to United Kingdom to attend Graduation ceremony of his daughter, which is to be held on 16.01.2025. He submits that renewal of passport or issuance of fresh passport and grant of No Objection Certificate, is composite which is part and parcel, and the Special Court ought not to have dismissed the petition filed by the petitioner seeking to issue necessary permission/No Objection Certificate to acquire a fresh passport and to direct the authorities concerned to issue fresh passport with a validity period of five years. 8. On the other hand, learned Public Prosecutor opposed the petition contending that the prayer sought by the petitioner was already granted by the Special Court, which is modified by this Court, and hence, the Special Court rightly dismissed the petition. 9. Petitioner is arrayed as A.3 in C.C.No.33 of 2018 before the Special Court which was taken on file against the petitioner and other accused, pursuant to a private complaint filed by 2nd respondent herein for the offences punishable under Sections 499, 500, 501 and 502 read with 34 IPC. His passport expired on 29.11.2014.
9. Petitioner is arrayed as A.3 in C.C.No.33 of 2018 before the Special Court which was taken on file against the petitioner and other accused, pursuant to a private complaint filed by 2nd respondent herein for the offences punishable under Sections 499, 500, 501 and 502 read with 34 IPC. His passport expired on 29.11.2014. Under Section 6 (2) (f) of the Passports Act, 1967, subject to other provisions of the Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country, when proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India. As per the Notification of the Ministry of External Affairs dated 25.08.1993 vide G.S.R. No.570 (E), in exercise of powers conferred by clause (a) of Section 22 of the Passports Act, 1967 and in supersession of the Notification No.G.S.R.No.298 (E), dated 14.04.1976, the Central Government exempted the citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from operation of the provisions of clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967, subject to condition inter alia that the passport to be issued to every such citizen shall be issued for the period specified in the order of the Court referred to above, if the Court specifies a period for which the passport has to be issued. 10. The object of insisting No Objection Certificate from the Court concerned for renewal of passport, when a criminal case is pending, is to ensure presence of the applicant during course of criminal proceedings. Right to hold a valid passport is enshrined in Article 21 of the Constitution of India. A valid passport is essential in order to travel abroad. The purpose for which the petitioner intends to travel abroad is to attend the Graduation ceremony of his daughter scheduled to be held on 16.01.2025. The petitioner is a Member of Legislative Assembly representing Pulivendula Constituency. He is former Chief Minister of Andhra Pradesh and President of Yuvajana Sramika Rythu Congress Party (YSRCP).
The purpose for which the petitioner intends to travel abroad is to attend the Graduation ceremony of his daughter scheduled to be held on 16.01.2025. The petitioner is a Member of Legislative Assembly representing Pulivendula Constituency. He is former Chief Minister of Andhra Pradesh and President of Yuvajana Sramika Rythu Congress Party (YSRCP). Further more, this Court, vide order dated 12.11.2024 in I.A.No.2 of 2024 in Criminal Petition No.6625 of 2024, dispensed with appearance of the petitioner before the Special Court, making it clear that appearance of his advocate should be considered sufficient as the appearance of the petitioner until disposal of the said Criminal Petition. In view of the same, there is no impediment in granting the permission/No Objection Certificate, as sought by the petitioner, for acquiring a fresh passport. The grounds assigned by the Special Court for rejecting the request of the petitioner, are not sustainable. 11. In the result, the impugned Order dated 04.01.2025 passed in Crl.M.P.No.1104 of 2024 in C.C.No.33 of 2018 on the file of the Special Court for trial of Criminal Cases relating to Elected M.Ps. and M.L.As., Vijayawada is set aside. Consequently, Crl.M.P.No.1104 of 2024 stands allowed, granting permission/No Objection Certificate to the petitioner to acquire a fresh passport, directing the passport authority concerned to issue a fresh passport to the petitioner with a validity of five years, and the petitioner is permitted to travel to United Kingdom to attend Graduation ceremony of his daughter scheduled to be held on 16.01.2025. 12. Accordingly, the Criminal Petition is allowed.