K Leela vs The State Inspector Police Anti ...
2022 Latest Caselaw 1544 AP

      HIGH COURT OF ANDHRA PRADESH::AMARAVATI
  MAIN CASE No: CRL.A.NO.2 OF 2019
                                   PROCEEDINGS SHEET
Sl.                                                                                              OFFICE
                                                                                                  NOTE
No
 .

      DATE                                          ORDER
6     29.03.2022
                   KSR,J

                                               I.A.NO.1 OF 2021

This application is filed by the petitioner/appellant/Accused No.1

seeking permission of this court to issue "No objection" to her for the

purpose of getting Passport from the concerned authorities.

Heard Sri V.R.Machavaram, learned counsel for the petitioner and

learned Standing Counsel for ACB and Special Public Prosecutor for the

respondent.

It is the contention of the learned counsel for the petitioner that the

petitioner was convicted by the learned Special Judge for SPE and ACB

Cases, Nellore in C.C.No.18 of 2017, vide judgment dated 27-12-2018

and sentenced her to undergo rigorous imprisonment for a period of

three years and also to pay a fine of Rs.10,000/- for the offence

punishable under Section 7 of the Prevention of Corruption Act,1988

( for short "the Act""); that she was also sentenced to undergo rigorous

imprisonment for a period of three years and to pay a fine of

Rs.10,000/- for the offence punishable under Section 13(1)(d) r/w

13(2) of the Act. Being aggrieved by the said conviction and sentence,

she filed the present Criminal Appeal before this court. Further, it is the

contention of the learned counsel for the petitioner that this court on

02-01-2019 while admitting the Appeal, granted bail to the petitioner

by suspending the sentence imposed by the trial court till disposal of

the Criminal Appeal; that during the pendency of appeal, the husband

of the petitioner died and her only son is at present residing at USA

pursuing his employment; that her son is blessed with a kid and in

order to conduct the Nomenclature function (Barasala), petitioner's

presence at USA is very much required being grand-mother of the kid;

 Sl.                                                                                    OFFICE
                                                                                        NOTE
No
 .

      DATE                                   ORDER

that the petitioner does not have passport to travel USA; that in order

to get the Passport, since the criminal case is pending, permission of

this court is required as per the Notification No.GSR 570(E), dated 25-

08-1993 of the Ministry of External Affairs, Government of India.

This court, having heard the above submissions of the learned

counsel for the petitioner and for the reasons stated in the affidavit

filed in support of this application, is of the considered view that to

meet the ends of justice, No Objection can be granted to the petitioner

for the above said purpose.

Accordingly, this application (I.A.No.1 of 2021) is allowed.

                                                                  _________________
                                                                   K.SURESH REDDY,J

             TSNR
 Sl.                  OFFICE
                      NOTE
No
 .

      DATE   ORDER