Allepu Naresh vs The Union Of India
2022 Latest Caselaw 6923 Tel

          HON'BLE SRI JUSTICHE K. LAKSHMAN

               WRIT PETITION No.45546 of 2022
ORDER:

Heard Sri B. Chandra Shekhar Reddy, learned

counsel appearing for the petitioners, Sri Kalvala Sanjeev,

learned Central Government counsel appearing for

respondent Nos.1 and 2 and learned Assistant Government

Pleader for Home appearing for respondent No.3. Perused

the record.

This writ petition is filed to declare the action of

respondent No.2 in not returning the Passport of the

petitioners as illegal and for a consequential direction to

respondents to return the original Passport of the

petitioners.

Perusal of the record would reveal that both

petitioners are accused in S.C.No.1044 of 2020 and the

offences alleged against them are under Sections 420, 468,

471 and 370-A of IPC and Section 5 of PITA Act. Vide

judgment dated 29-04-2022 passed by the I Addl. Assistant

Sessions Judge, Ranga Reddy District, they were acquitted.

In the said judgment itself, learned Judge has specifically

directed that Material Object Nos.4, 6, 7 and 10 to 14 are

sent to the concerned Passport authorities for further

necessary action. M.O.4 is the original Indian Passport

No.P8313839 of petitioner No.1 and M.O.10 is the original

Indian Passport No.M2696570 of petitioner No.2. Therefore,

respondent No.2 cannot retain the said Passports belong to

the petitioners, more particularly, in absence of any orders

passed under Section 10(3) of Passports Act, 1967 and also

acquittal of petitioners in the aforesaid S.C.No.1044 of

2020.

In view of the aforesaid discussion, this writ petition is

disposed of granting liberty to the petitioners to submit a

specific representation to respondent No.2 by duly

enclosing copy of this order with a request to return the

aforesaid original passports and on receipt of the said

representation respondent No.2 shall return the aforesaid

Passports to the petitioners herein i.e., Passport

No.P8313839 of petitioner No.1 and Passport No.M2696570

of petitioner No.2, under due acknowledgment. There shall

be no order as to costs.

As a sequel, the miscellaneous petitions, if any,

pending in the Writ Petition shall stand closed.

__________________ K. LAKSHMAN, J December 21, 2022 PN

HON'BLE SRI JUSTICE K. LAKSHMAN

WRIT PETITION No.45546 of 2022

December 21, 2022

PN