HON'BLE SRI JUSTICHE K. LAKSHMAN
WRIT PETITION No.45546 of 2022
ORDER:
Heard Sri B. Chandra Shekhar Reddy, learned counsel appearing for the petitioners, Sri Kalvala Sanjeev, learned Central Government counsel appearing for respondent Nos.1 and 2 and learned Assistant Government Pleader for Home appearing for respondent No.3. Perused the record.
This writ petition is filed to declare the action of respondent No.2 in not returning the Passport of the petitioners as illegal and for a consequential direction to respondents to return the original Passport of the petitioners.
Perusal of the record would reveal that both petitioners are accused in S.C.No.1044 of 2020 and the offences alleged against them are under Sections 420, 468, 471 and 370-A of IPC and Section 5 of PITA Act. Vide judgment dated 29-04-2022 passed by the I Addl. Assistant 2 Sessions Judge, Ranga Reddy District, they were acquitted. In the said judgment itself, learned Judge has specifically directed that Material Object Nos.4, 6, 7 and 10 to 14 are sent to the concerned Passport authorities for further necessary action. M.O.4 is the original Indian Passport No.P8313839 of petitioner No.1 and M.O.10 is the original Indian Passport No.M2696570 of petitioner No.2. Therefore, respondent No.2 cannot retain the said Passports belong to the petitioners, more particularly, in absence of any orders passed under Section 10(3) of Passports Act, 1967 and also acquittal of petitioners in the aforesaid S.C.No.1044 of 2020.
In view of the aforesaid discussion, this writ petition is disposed of granting liberty to the petitioners to submit a specific representation to respondent No.2 by duly enclosing copy of this order with a request to return the aforesaid original passports and on receipt of the said representation respondent No.2 shall return the aforesaid Passports to the petitioners herein i.e., Passport 3 No.P8313839 of petitioner No.1 and Passport No.M2696570 of petitioner No.2, under due acknowledgment. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
__________________ K. LAKSHMAN, J December 21, 2022 PN 4 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.45546 of 2022 December 21, 2022 PN