Voora Gopi Srinu Ura Gopi Srinu vs The State Of Andhra Pradesh
2023 Latest Caselaw 194 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

            CRIMINAL PETITION No.167 of 2023

ORDER:

The petitioner is Accused No.4 in S.C.No.3 of 2018 on the

file of the VII Additional District Judge-Cum-IV Additional

Metropolitan Sessions Judge, Vijayawada, for the offences under

Sections 120-B, 148, 302, 440 and 212 r/w 149 of Indian Penal

Code and Sections 25 and 27 of Indian Arms Act, 1959.

2. The petitioner had moved Crl.M.P.No.409 of 2022 for

release of his passport, which had been seized in the course of

investigation, for the purposes of renewing the said passport.

This application was dismissed on 15.11.2022 by the Trial Court

on the ground that there is every danger of the petitioner

misusing the passport, after, renewal, to travel outside the

country and therefore place himself out of the reach of the

Court.

3. Aggrieved by the said order, the petitioner has moved this

Court.

4. Sri Narasimha Rao Gudiseva, the learned counsel

appearing for the petitioner would submit that the petitioner is

only interested in renewing his passport and that the petitioner

is not proposing to travel anywhere outside the country.

5. In the circumstances and in view of the various judgments

of the Hon'ble Supreme Court that the right to travel cannot be

interdicted, except in exceptional circumstances, it would be

appropriate to direct the VII Additional District Judge-Cum-IV

Additional Metropolitan Sessions Judge, Vijayawada to permit

release of the passport of the petitioner only for the purposes of

renewal in the following manner:

1) The Investigating Officer shall deposit the passport with

the Regional Passport Officer for the purposes of

renewal, subject to all necessary conditions being

fulfilled,

2) The Regional Passport Officer, upon renewal, shall

intimate the Investigating Officer, who shall then take

custody of the passport and deposit the passport again

before the Trial Court.

6. Accordingly, the Criminal Petition is disposed of.

Miscellaneous petitions, pending if any, in this Criminal

Petition shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J 18.01.2023 MJA

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

CRIMINAL PETITION No.167 of 2023

18.01.2023

MJA