Telangana High Court
Gummadilli Rajesh vs The State Of Telangana, on 4 September, 2024
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION No.9386 OF 2024
ORDER:
This Criminal Petition is filed under Section 482 of
the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')
by the petitioner/accused No.4 against the order passed in
Crl.MP.No.71 of 2024 in Crime No.108 of 2023 on the file
of the Metropolitan Sessions Judge, Hyderabad.
2. The petitioner/accused No.4 filed Crl.MP.No.71 of
2024 under Section 451 read with Section 457 of Cr.P.C.,
with a prayer to release his passport bearing
No.Z4011084. The brief facts of the case are that the
Police registered a case against the petitioner for the
offences punishable under Sections 406, 420, 506 of
Indian Penal Code (for short 'IPC'), Section 5 of the
Telangana Protection of Depositors of Financial
Establishments Act, 1999 (for short 'Act 1999') and
Sections 3, 4, 5 and 6 of Prize Chits and Money
Circulation Scheme (Banning) Act, 1978 (for short 'Act
1978'). It is stated that during registration of the said
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crime, the petitioner had surrendered his passport bearing
No.Z4011084 before the trial Court.
3. It was averred before the trial Court that petitioner
was invited by "V Global Management Sdn Bhd" to
participate in "V Malaysia 2024" which was scheduled
from 12.05.2024 to 16.05.2024 at Spice Arena, Pulau
Pinang and that he was required to be present there from
05.05.2024 to 25.05.2024 to participate in the said event.
A copy of the said invitation card was also filed before the
trial Court praying to release the passport so as to enable
him to attend the said event.
4. It is seen that the learned Public Prosecutor filed a
counter affidavit before the trial Court contending that
petitioner is directly linked with accused No.1 - Q Net
Company as he is one of the main kingpins of the said
Company in India. It was further contended that the
petitioner had links with the founders of accused No.1 -
Company as well who are in settled in countries like
Malaysia and Hong Kong. It was further contended that
the investigation of the matter being in crucial stage for
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collection of material evidence, it would be difficult to
conclude the same if the passport of the petitioner is
released as he would flee to abroad which would possible
amount to absconding so as to avoid the investigation and
trial of pending criminal case.
5. After hearing both sides, the trial Court vide order
dated 08.05.2024 dismissed Crl.MP.No.71 of 2024 in
Crime No.108 of 2023. Aggrieved thereby, this criminal
petition is filed.
6. Heard Sri TS.Anirudh Reddy, learned counsel for
petitioner/accused No.4, and Sri D.Arun Kumar, learned
Additional Public Prosecutor, appearing for
respondent - State.
7. Learned counsel for petitioner submitted that the
role played by petitioner in the accused No.1 - Company is
nowhere stated and the only averment made by the
prosecution pertains to multi level marketing scheme that
was executed by petitioner and others. He contended that
the trial Court dismissed Crl.MP.No.71 of 2024 in a
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mechanically way by not appreciating the fact that the
petitioner was invited by "V Global Management Sdn Bhd"
which is a global marketing network development training
and management company.
8. In addition, learned counsel for the petitioner
asserted that petitioner is again to invited by "V Global
Management Sdn Bhd" to participate in the event named
"V Malaysia 2024" that is scheduled from 05.09.2024 to
20.09.2024 at Spice Arena, Pulau Pinang, and as
petitioner is unemployed, participation in such event plays
a vital role as and when he applies for jobs. In support of
the said contention, he relied on the judgement rendered
by the Hon'ble Supreme Court in Maneka Gandhi Vs.
Union of India 1 wherein, it was held that the right to
personal liberty is tantamount to right to travel and any
citizen, other than in exceptional circumstances, shall not
be curtailed of his/her right to do so.
1978 1 SCC 248
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9. Learned counsel for petitioner reiterated that
irreparable loss would be caused to the career of petitioner
if he is not permitted to participate in the "V Malaysia
2024" that is scheduled from 05.09.2024 to 20.09.2024 at
Spice Arena, Pulau Pinang, organised by "V Global
Management Sdn Bhd". In support of his plea, reliance
was placed on paragraph Nos.18 and 19 of the judgment
rendered by the Hon'ble Supreme Court in Suresh Nanda
Vs. CBI2 which reads as follows:
18. In our opinion, even the court cannot
impound a passport. Though, no doubt, Section
104 CrPC states that the court may, if it thinks
fit, impound any document or thing produced
before it, in our opinion, this provision will only
enable the court to impound any document or
thing other than a passport. This is because
impounding of a "passport" is provided for in
Section 10(3) of the Passports Act. The Passports
Act is a special law while CrPC is a general law. It
is well settled that the special law prevails over
the general law vide G.P. Singh's Principles of
Statutory Interpretation (9th Edn., p. 133). This
2008 3 SCC 674
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principle is expressed in the maxim generalia
specialibus non derogant. Hence, impounding of a
passport cannot be done by the court under
Section 104 CrPC though it can impound any
other document or thing.
19. For the aforesaid reasons, we set aside the
impugned order of the High Court and direct the
respondent to hand over the passport to the
appellant within a week from today. However, it
shall be open to the respondent to approach the
Passport Authorities under Section 10 or the
authorities under Section 10-A of the Act for
impounding the passport of the appellant in
accordance with law.
10. With the above set of contentions, while asserting
that petitioner is more than willing to face the trial as and
when the chargesheet is filed, the learned counsel for
petitioner prayed the Court to allow the criminal petition,
directing the trial Court to release the passport of the
petitioner bearing No.Z4011084 and permitting him to
travel abroad so as to enable him to participate in the
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event upon which his new opportunities of work are
dependent.
11. Per contra, learned Additional Public Prosecutor
strongly opposed the submissions made by learned
counsel for petitioner and relied on the averments of the
counter affidavit filed on behalf of respondent - State,
wherein, it is stated that during the course of
investigation, the Police found that the accused persons
were involved in the activities of collecting deposits and
cheating number of victims in the name of e-commerce
business and so far, approximately, 186 victims were
found being trapped. He contended that the said victims
were identified in four cases and are also examined and it
is found that most of them are students who are
unemployed and were trapped in the guise of higher
returns and profits.
12. In addition, learned Additional Public Prosecutor
lamented that during the course of investigation it was
revealed that petitioner along with other 11 accused
persons colluded with accused No.1 - Company - "Q Net
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Company" and accused No.2 - Company - "Vihan Direct
India Private Limited" which is sub-franchise of accused
No.1 - Company and incorporated a bogus company styled
and named as "V Empire Company"/accused No.3 and
induced the victims under the guise of giving higher
returns and huge profits. Further, it was also found that
the accused persons do not possess any valid permission,
neither under the Banking Regulation Act, nor under
Reserve Bank of India norms, which would permit them to
collect money in the form of deposits from the public at
large and as such the same would amount to attracting
the provisions under Section 5 of Act, 1999.
13. The learned Additional Public Prosecutor
incessantly contended that during the course of
investigation 35 bank accounts were identified which
pertain to accused persons and the same were frozen
under Section 102 Cr.P.C. He submitted that if the
passport of the petitioner is released and he is permitted
to travel to aboard, there is every possibility that he may
flee away so as to avoid the trial. He lamented that the
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investigation is at the crucial stage of collection of material
evidence. Therefore, prayed this Court to dismiss the
criminal petition, submitting that the matter requires
detailed trial.
14. Having regard to the rival submissions made and on
going through the material placed on record, it is noted
that the specific contention of learned counsel for the
petitioner is that during registration of Crime No.108 of
2023 against the petitioner, he surrendered his passport
before the trial Court and at present as the petitioner is
invited by "V Global Management Sdn Bhd" to participate
in the event named "V Malaysia 2024" that is scheduled
from 05.09.2024 to 20.09.2024 at Spice Arena, Pulau
Pinang, his passport may be released so as to enable him
to participate in the said event which would open doors of
new employment opportunities in his career front,
whereas, the contention of learned Additional Public
Prosecutor is that if the petitioner is permitted to travel
abroad, grave hindrance will be caused to investigation as
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the investigation is at crucial stage of collecting the
material evidence.
15. On meticulous perusal of the material placed on
record, it is revealed that apart from registration of Crime
No.108 of 2023 against the petitioner which is the subject
matter of case on hand, the petitioner is also implicated in
Crime Nos.109, 110 and 184 of 2023 registered for
offences punishable under Sections 420, 406, 506 of IPC,
Section 5 of Act, 1999 and Sections 3, 4, 5 and 6 of Act,
1978, respectively.
16. In view thereof, this Court is of the firm opinion that
there is no force in the contentions made by learned
counsel for petitioner. However, though the learned
counsel for petitioner relied on the judgment rendered by
the Hon'ble Supreme Court in Maneka Gandhi (supra 1) it
is pertinent to note that the facts of the case on hand are
not relevant to the said judgment. Therefore, as there are
several other cases registered against the petitioner and
the investigation in the case on hand is pending at a
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crucial stage, there are no merits in the criminal petition
and the same is liable to be dismissed.
17. Accordingly, the Criminal Petition is dismissed.
Miscellaneous applications, if any pending, shall
also stand closed.
_______________
K. SUJANA, J
Date:04.09.2024
PT
