Sri. Ragala Venkata Vishwa Teja, vs The State Of Telangana
2024 Latest Caselaw 2489 Tel

Citation : 2024 Latest Caselaw 2489 Tel
Judgement Date : 3 July, 2024

Telangana High Court

Sri. Ragala Venkata Vishwa Teja, vs The State Of Telangana on 3 July, 2024

           THE HONOURABLE SMT. JUSTICE K. SUJANA
                CRIMINAL PETITION No.7115 of 2024
ORDER:

The present Criminal Petition is filed seeking to quash the

order dated 27.12.2023 in Crl.M.P.No.3895 of 2023 in C.C.No.5996

of 2022 on the file of XV Additional Chief Metropolitan Magistrate at

Hyderabad and to direct the XV Additional Chief Metropolitan

Magistrate, at Hyderabad to release the passport of the petitioner.

2. The brief facts of the case are that the petitioner, vide order

dated 27.12.2023 in Crl.M.P.No.3895 of 2023 in C.C.No.5996 of

2022, the trial Court while allowing the petition under section 70(2)

Cr.P.C. imposed some conditions wherein one of the condition is

that the petitioner has to deposit his original passport before the

Court at the time of furnishing the sureties. The said condition is

challenged by the petitioner in this criminal petition.

3. Heard Sri J.Srinivas, learned counsel for the petitioner and

Sri S.Ganesh, learned Assistant Public Prosecutor for respondent

No.1 and perused the record.

4. Learned counsel for the petitioner would submit that the

Court has no power to impound the document and in support of

the same, he relied on the judgment of the Andhra Pradesh High

Court in the case of Y.Usha Cayatri Vs. State of A.P., 1

(2020) 3 Alt (cri) 302

whereunder, the decision of the Hon'ble Supreme Court in the case

Suresh Nanda Vs. C.B.I. 2, was discussed in length, observing that

"... neither the police nor the Courts have power to seize the passport or to direct the accused to deposit or surrender the passport even when a criminal case is pending in the Court of law and only the Passport Officer is the competent authority to impound the passport."

5. In view of the submission made by the learned counsel for

the petitioner and on perusal of the record and the judgments

cited supra, this Court is inclined to direct the trial Court to

release the passport of the petitioner by imposing proper

conditions. The appearance of the petitioner before the trial

Court is dispensed with unless his presence is specifically

required during the course of trial, subject to the condition of

petitioner being represented by his counsel on every date of

hearing.

6. Accordingly, the Criminal Petition is disposed of.

As a sequel, miscellaneous petitions pending, if any, shall

stand closed.