Telangana High Court
Sri. Ragala Venkata Vishwa Teja, vs The State Of Telangana on 3 July, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.7115 of 2024
ORDER:
The present Criminal Petition is filed seeking to quash the order dated 27.12.2023 in Crl.M.P.No.3895 of 2023 in C.C.No.5996 of 2022 on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad and to direct the XV Additional Chief Metropolitan Magistrate, at Hyderabad to release the passport of the petitioner.
2. The brief facts of the case are that the petitioner, vide order dated 27.12.2023 in Crl.M.P.No.3895 of 2023 in C.C.No.5996 of 2022, the trial Court while allowing the petition under section 70(2) Cr.P.C. imposed some conditions wherein one of the condition is that the petitioner has to deposit his original passport before the Court at the time of furnishing the sureties. The said condition is challenged by the petitioner in this criminal petition.
3. Heard Sri J.Srinivas, learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 and perused the record.
4. Learned counsel for the petitioner would submit that the Court has no power to impound the document and in support of the same, he relied on the judgment of the Andhra Pradesh High Court in the case of Y.Usha Cayatri Vs. State of A.P., 1 1 (2020) 3 Alt (cri) 302 2 whereunder, the decision of the Hon'ble Supreme Court in the case Suresh Nanda Vs. C.B.I. 2, was discussed in length, observing that "... neither the police nor the Courts have power to seize the passport or to direct the accused to deposit or surrender the passport even when a criminal case is pending in the Court of law and only the Passport Officer is the competent authority to impound the passport."
5. In view of the submission made by the learned counsel for the petitioner and on perusal of the record and the judgments cited supra, this Court is inclined to direct the trial Court to release the passport of the petitioner by imposing proper conditions. The appearance of the petitioner before the trial Court is dispensed with unless his presence is specifically required during the course of trial, subject to the condition of petitioner being represented by his counsel on every date of hearing.
6. Accordingly, the Criminal Petition is disposed of.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
______________ K. SUJANA, J Date: 03.07.2024 Note: Issue CC by 05.07.2024 BV 2 (crl) 179 of 2008 dt.24.01.2008