Citation : 2025 Latest Caselaw 6258 Tel
Judgement Date : 3 November, 2025
THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION Nos.12637 AND 12644 OF 2025
COMMON ORDER:
Both these Criminal Petitions are filed seeking to set aside
the common order, dated 08.09.2025, passed in Crl.M.P.Nos.962
and 963 of 2025 in Cr.No.04/ACB-ADB/2023 by the learned
Special Judge for Trial of SPE and ACB Cases, Karimnagar,
whereby, the petitions filed by the petitioner seeking return of the
passports bearing Nos.M9695362 and AE277842 for interim
custody and to relax the condition and permit the petitioner to
travel Saudi Arabia to perform Umrah and also to U.S.A. to meet
her daughter, who is pursuing her studies there, were dismissed.
2. Heard Sri C. Hari Preeth, learned counsel for the petitioner
and Sri T. Bala Mohan Reddy, learned Standing Counsel-cum-
Special Public Prosecutor for ACB, for the respondent.
3. Learned counsel for the petitioner submitted that the
petitioner herein is accused officer No.1 and she is a Tahsildar,
facing allegations under the provisions of Prevention of
Corruption Act. He further submitted that the passport of the
petitioner is in the custody of the Court and that the petitioner
requires the passport to perform Umrah at Saudi Arabia and to 2 ETD,J Crl.P.No.12637 of 2025 & batch
visit her daughter, who is pursuing her studies at U.S.A.
Therefore, she filed the present Crl.M.Ps. seeking interim custody
of the passports with permission to travel abroad. He further
submitted that the trial Court has not considered the request of
the petitioner and has erroneously dismissed the present
Crl.M.Ps. He, therefore, prayed to set aside the common order,
dated 08.09.2025, and permit the petitioner to travel abroad by
granting interim custody of the passports. Learned counsel for
the petitioner, in support of his submissions, has relied upon the
judgment of this Court in Venkata Siva Kumar Yadhanapudi v.
Union of India 1.
4. Learned Special Public Prosecutor has opposed the same
and submitted that the investigation is still in progress and the
documents are yet to be collected. He further submitted that
since the offence alleged is of serious nature involving the
allegations of corruption, the trial Court has rightly dismissed the
present Crl.M.Ps. He, therefore, prayed to uphold the common
order passed by the trial Court.
5. Perused the record.
2024 SCC OnLine TS 402 3 ETD,J Crl.P.No.12637 of 2025 & batch
6. The petitioner herein is accused officer No.1 in
Cr.No.04/ACB-ADB/2023 of ACB, Adilabad Police Station,
Adilabad District. She is facing serious allegations of corruption
while working as Tahsildar. The reasons stated for interim
custody of the passports and permission to travel abroad are that
the petitioner intends to perform Umrah at Saudi Arabia and also
visit her daughter, who is pursuing her studies at U.S.A. When
the petitioner is facing allegations of serious offence and the
investigation is still in progress, the petitioner has to make out
essential reason for return of the passports. The reasons
assigned by the petitioner cannot be held to be so essential that
immediate attention is required. Observing the same that there is
no reason of emergency to be attended to, the trial Court has
dismissed the petitions.
7. Further, in the judgment relied upon by the learned counsel
for the petitioner in Venkata Siva Kumar Yadhanapudi's case
(supra), the coordinate bench of this Court has granted relief of
renewal of passport of the petitioner therein. The facts of the said
decision differ with the present case. In the said case, the
petitioner therein has sought for renewal of the passport, but in
the present case, the relief sought is not with regard to the 4 ETD,J Crl.P.No.12637 of 2025 & batch
renewal of passport. The petitioner is seeking interim custody of
the passport to travel abroad. Thus, in view of the above held
discussion, the common order, dated 08.09.2025, of the trial
Court is well reasoned and do not need any interference. Hence,
the same is upheld and as a result, the Criminal Petitions are
liable to be dismissed.
8. Accordingly, the Criminal Petitions are dismissed.
Miscellaneous Petitions pending, if any, shall stand closed.
____________________________ JUSTICE TIRUMALA DEVI EADA Date: 03.11.2025.
MD
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