Andhra Pradesh High Court - Amravati
Kanakamedala Arun Rakesh vs State Of Andhra Pradesh on 11 July, 2023
IN THE H'GH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE ELEVENTH DAY OF JULY
TWO THOUSAND AND TWENTY THREE
:PRESENT:
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
IANo.1 OF2023
IN
Between: CRLP NO: 17371 OF 2016
1. Kanakamedala Arun Rakesh, S/o. Mal'ikarjuna vara parasad, Aged about 32
years, occ -Doctor, R/ol Plot No.143, Road No.72, Jubilee Hills, Hyderabad.
2. Kanakamedala prudhvi Ram, S/o. MaIIikarjuna vara prasad, occ :-Business,
R/o..plot No.143, Road No.72, Jubilee Hl'Ils, Hyderabad.
3. Agnlparthi sudeep, s/o. sobabu, occ :-Engineer, R/o. Flat No. 201, East
villa Apartments, Navodaya colony, yellareddyguda, Hyderabad.
4. Agniparfhi sandeep, s/o. sobabu, R/o. Flat No. 201, East Villa Apartments,
Navodaya colony, ye[Iareddyguda, Hyderabad.
5. Ponnekanti Manjula, W/o. Agniparthi sobabuJ Occ : NGO, R/o. Flat No. 201,
East Villa Apartments, Navodaya colony, yellareddyguda, hyderabad.
6. D. Savala Holy Bharath, s/o. peter chandra sekhar Gandhi,
R/o. Pattabhipuram, Guntur.
....Petitioners
AND
1. State of Andhra pradesh, represented by its public Prosecutor, High Court of
Judicature, Amaravathi.
2. Vaka RaTagOPala Goud, S/o. Subba Rao, R/o. D.No.ll-468, NCO Road,
Mangalaglrj, Guntur DI'StriCt.
-ie=
....Respondents
petition under sectlon 482 of Cr.P.C praying that in the cl'rcumstances stated
in the grounds filed in support of the petition, the Hl'gh Court may be pleased to
perml't the petitI'Oner No.1 herein to travel to the abroad and grant him perm,'ssion for
renewal of passport, pending disposal of CRLP No. 17371 of 2016, on the file of the
HI'gh Court.
Counsel for the petl-tioners: SRI N ASHWANI KUMAR
Counsel for the Respondent No.1.I PUBLIC PROSECUTOR
Counsel for the Respondent No.2: SRI K. RAMA KOTESWARA RAO,
STANDING COUNSEL
The Court made the followI-ng
ORDER:
If Heard both sides and perused the record.
This applI'CatiOn is filed seeking permission for the petitioner No.1 to
travel abroad and for renewal of passport, pending dl-sposal of the main
criml'nal petl-lion, whI'Ch iS filed under SectI-On 482 Cr.Plc. to quash the
proceedl-ngs I-n c.c.No.676 of 2O16 on the file of the court of the Additional
Junior Civil Judge, Mangalagiri, Guntur DistrI-Ct.
lt I'S Stated in the petition that the petitioner No.1 herein is A2 in the
subject calendar case before the trial court and he is a Doctor by profession
and he has to visit the foreign country but because of the pendency of the
Criminal Case, the passport authorities are not renewing the passport except
under the orders of the Court. Hence he approached this Court.
Learned counsel for the petitioner No.1 by placing reliance on several
judgments and the one recently passed by this High Court in I.A.No.1 of 2023
in Criminal Petition No.2038 of 2021, dated 09.5.2023, submits that permission
be accorded for the petitioher No.1 (A2) to travel abroad and for renewal of
passport by the passport authority.
This Court has gone through the order passed in I.A.No.1 of 2023 in
Crl.P.No.2038 of 2021, dated 09.5.2023. ln the similar circumstances as in this
case, it -ls held therein that it being settled legal position, the petitioners
(Accused therein) cannot be deprived of their right to travel on the premise
that the Criminal Proceedings are pending against them. Holding so, this Court
accorded permission to the accused therein to travel to U.S.A., but on
condition that they shall give an undertaking by way of an affidavit to the effect
that as and when required either by this Court or any other Court in
connection with the pending Criminal Proceedings, they shall appear before
the Court without fail and the said undertaking shall be filed within one week.
Since the facts and circumstances in this case are also similar to that of
the above case, the petitioner No.1 who is A2 before the trial Court is permitted
to travel abroad and for the said purpose he can get renewal of passport from
the competent authority. He shall give an undertaking by way of an affidavit
that he will appear before this Court or the trial Court as and when he is
required. He shall file the said undertaking before this Court within a week
days.
Accordingly, this petition is disposed of."
-_
Sd/-U. SREEDEVl
ASSISTANZi EGISTRAR
//TRUE COPY//
For ASSISTANT REGISTRAR
To,
1. The Additional Junior Civil Judge, Mangalagiri, Guntur Dist.
2. One CC to Sri N Ashwani Kumar, Advocate [OPUC]
3. One CC to Sri K. Rama Koteswara Rao, Standing Counsel [OPuC]
4. Two cos to the Public Prosecutor, High Court of AP [OUT]
5. One spare copy
nPC
'J
HIGH COURT
SRKJ
DATED:ll/07/2023
POST NEXT WEEK
ORDER
I.A.NO.1 OF 2023
lN
CRLP.No.17371 of 2016
DISPOSED OF
/u-
19 JUlan
os*£: -§p #ap r `+£ft
