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THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION No. 17357 OF 2021
O R D E R:
Heard learned counsel for petitioner and learned Assistant Government Pleader for Home and Sri B. Jitender, learned Additional Central Government Standing Counsel representing learned Assistant Solicitor General.
The Writ Petition is filed to declare action of Respondents 4 and 5 in continuing LOC No. 2041472, dated Nil-03-2020 against petitioner issued by Respondent 5 even after appearance of petitioner before the Investigation Officer in Crime No. 10 of 2017 of P.S. Mailardevpally as being illegal, arbitrary and unconstitutional.
Crime No. 10 of 2017 was registered on a complaint lodged by one Sri N. Suresh Kumar against petitioner - Accused No.3 and other three accused. After investigation, police filed charge sheet and case was numbered as C.C. No. 1580 of 2017 on the file of XIV Additional Metropolitan Magistrate, Cyberabad, at Rajendranagar, Ranga Reddy District, wherein petitioner was charged for the offences under Sections 406, 420, 468 and 471 IPC. Petitioner submits that he is working as Software Engineer from 2016 onwards and as part of employment, he frequently visits foreign countries. It is stated that petitioner went to Germany and returned Hyderabad on 25.12.2020. Immediately, he was detained by Immigration Authorities stating that there is LOC against him and he was handed over to P.S. Mailardevapally. Later, petitioner was served with notice under Section 41-A Cr.P.C. and he was granted station bail on furnishing two sureties for a sum of 2 Rs.10,000/- each. It is stated that on an Application filed by him under Right to Information Act, he was informed that LOC was opened against him pursuant to Crime No. 10 of 2017. Petitioner states that in similar circumstances, order dated 16.06.2015 was passed in Writ Petition No. 14222 of 2015 permitting petitioner therein to move an Application before Court concerned for withdrawal of LOC and directions were given to the Magistrate Court concerned to consider such Application in accordance with law. Petitioner submits that he filed Crl.MP(SR) No. 1782 of 2021 on 10.05.2021 before XIV Additional Metropolitan Magistrate, Cyberabad. The said petition was returned by the Court stating that it is not maintainable as passport was not deposited in the Court. Learned Assistant Government Pleader submits that consistently orders were passed by this Court directing parties to approach the Magistrate Court concerned for withdrawal of LOC. He relies on judgment of this Court in Dasari Sudheer v. State of Andhra Pradesh1.
Having considered the submission of learned counsel for petitioner and learned Assistant Government Pleader, this Court is of the view that objection taken by Magistrate Court that petition is not maintainable for the reason passport is not deposited is totally unwarranted. Petitioner was granted station bail subject to furnishing sureties. Deposit of passport cannot be a pre-condition for entertaining Application for withdrawal of LOC. The Magistrate Court should not have returned the Petition as such Petition is very much maintainable.
1 2015(3) ALT 1 3 In the circumstances, Writ Petition is disposed of directing petitioner either to re-submit CrlM.P (SR) No. 1782 of 2021 or file a fresh Application before XIV Additional Metropolitan Magistrate Court, Cyberabad for withdrawal of LOC and on such Application being filed, Court below shall pass orders thereon in accordance with law and also taking into consideration the fact that petitioner is a software professional and is required to travel foreign destinations. Such order shall be passed within a period of three days without insisting on deposit of passport. No costs.
Consequently, miscellaneous Applications, if any shall stand closed.
_________________________ B.VIJAYSEN REDDY,J 08th November 2021 ksld 4 5