Andhra Pradesh High Court - Amravati
Konapur Mathada Nagaraj vs The State Of Andhra Pradesh on 17 February, 2021
Bench: Lalitha Kanneganti
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.6072 of 2020
ORDER:
Assailing the order dated 16.12.2020 in Crl.M.P.No.20 of
2020 in C.C.No.289 of 2019 on the file of Principal Junior Civil
Judge, Ongole, this criminal petition under Section 437 (3) of Code
of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed.
2. The petitioner who is A-9 in C.C.No.289 of 2019 on the file of
Principal Junior Civil Judge, Ongole, was granted bail on
17.11.2020 by the Court below with a condition to deposit his
passport within a week. Accordingly, the petitioner deposited his
Passport No.Z4551581 through a common memo dated
18.11.2020 in C.C.Nos.288 of 2019, 289 of 2019 and 290 of 2019.
Thereafter, the petitioner filed an application under Section 437 (3)
(a) of Cr.P.C. before the Principal Junior Civil Judge, Ongole,
seeking relaxation of the condition to deposit passport and to
return the passport permitting his travel to Sharjah of United Arab
Emirates (UAE) for a period of three months, but the Court below
dismissed the said application. Assailing the same, the petitioner
moved this Court by filing Criminal Petition No.6071 of 2020 and
the same was disposed of by order dated on 21.01.2021 by placing
reliance on the proposition of law laid down by the Apex Court in
Suresh Nanda v. CBI1 and set aside the order of the Court below
to the extent of refusing to return the passport and directed the
Court below to release and return the passport to the petitioner
forthwith.
(2008) 3 SCC 674
3. It is also stated that the prosecution has filed the petition in
to send the passport of the petitioner to the Regional Passport
Officer, Bangalore for impounding till completion of trial. The
Court below after conducting enquiry has allowed the said petition
by order dated 16.12.2020, which is impugned in the present
petition.
4. Heard Sri G.Rama Gopal, learned counsel for the petitioner
and learned Additional Public Prosecutor appearing on behalf of
State.
5. Learned counsel for the petitioner submits that the
petitioner is alleged to have committed the offence under Section
34 (a) read with 34 1 (ii) of Andhra Pradesh Excise Act, 1968 and
he was arrayed as A-9 in C.C.No.289 of 2019. As per the
complaint, the incident took place on 30.04.2014. Initially, the
name of the petitioner was not there in the FIR, but he was arrayed
as A-9 in the charge sheet basing on the vague allegations stating
that A-6 to A-9 are the associates of A-5. He submits that by
virtue of order dated 21.01.2021 in Crl.P.No.6071 of 2020 this
Court has set aside the order dated 17.11.2020 passed by the
Principal Junior Civil Judge, Ongole, in Crl.M.P.No.11 of 2020 in
C.C.No.289 of 2019 to the extent of refusing to return the passport
and directed the Court below to release and return the passport to
the petitioner forthwith. Hence, the impugned order, which is a
consequential order is bad in the eye of law.
6. On the other hand, learned Additional Public Prosecutor
while supporting the impugned order, has opposed the petition.
7. This Court in Crl.P.No.6071 of 2020 dated 21.01.2021 has
set aside the order directing the petitioner to deposit the passport
in the light of the judgment of the Apex Court in Suresh Nanda's
case (supra) and the prosecution has sought to send the passport,
which is in the custody of the Court to the Regional Passport
Officer, 8th Block, 80 Feet Road, Koramangala, Bangalore for
impounding. Once this Court has passed order in Crl.P.No.6071 of
2020 directing the Court below to return the passport, the order
under revision being a consequential order has to be set aside.
8. Accordingly, the criminal petition is allowed. The order dated
16.12.2020 in Crl.M.P.No.20 of 2020 in C.C.No.289 of 2019 on the
file of Principal Junior Civil Judge, Ongole is set aside. However,
liberty is given to the investigating officer to move an appropriate
application for impounding the passport before the concerned
authority, if he desires to do so.
As a sequel, all the pending miscellaneous applications shall
stand closed.
___________________________
LALITHA KANNEGANTI, J
17th February, 2021
PVD
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
Allowed
CRIMINAL PETITION No.6072 of 2020
17th February, 2021
PVD
