Allowed

Ravi Ramesh Babu v. the State of Andhra Pradesh

Andhra Pradesh HC13 Mar 2024CRLP/766/2024

Case brief

AI extract

What is this about?

Accused sought quashing of a trial court order refusing return of his passport and temporary release for renewal and travel to USA. Relying on Suresh Nand v. CBI that courts cannot impound passports under Section 104 Cr.P.C., the Court allowed the petition and returned the passport for six months on self-bond and FDR conditions.

What did the court decide?

Order dated 29.01.2024 set aside; petitioner's passport returned for six months subject to self-bond of Rs.2 lakhs and equal FDR.

Ravi Ramesh Babu Vs the State of Andhra Pradesh — Quashing and FIR | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY ,THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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CRIMINAL PETITION NO: 766/2024

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Between:

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Ravi Ramesh Babu

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...PETITIONER/ACCUSED

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AND

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The State Of Andhra Pradesh

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...RESPONDENT/COMPLAINANT

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Counsel for the Petitioner/accused:

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1.MARRI VENKATA RAMANA

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Counsel for the Respondent/complainant:

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1.Y L SIVAKALPANA REDDY(SC CUM SPL PP,CID)

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This Court made the following:

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O R D E R

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This Criminal Petition is filed, under Section 482 of the Code of Criminal Procedure, 1973, to quash the order dated 29.01.2024 passed in Crl.M.P.No.1607 of 2023 in C.C.No.4 of 2017 by the learned Principal District and Sessions Judge,

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Nellore and to order return of the passport of the petitioner bearing No.W2987448 to travel to USA after its renewal.

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Heard. Perused the record.

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Learned counsel for the petitioner submits that by virtue of the order, dated 24.04.2019 in Crl.P.No.11351 of 2018 passed by this Court, passport of the petitioner was temporarily returned on 25.07.2019 and he resubmitted the same on 18.10.2019 before the trial Court. Thus, the petitioner scrupulously complied with the conditions imposed by this Court and did not misuse the liberty granted by this Court permitting the petitioner to travel abroad. He further submits that passport of the petitioner is due for renewal and the petitioner intends to visit his daughter after her delivery, who is residing in USA, therefore, sought for temporary return of the passport for a period of six months.

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Learned counsel further relied on the decision passed by this Court in Crl.P.No.1954 of 2020, wherein, following the ratio laid down by the Hon'ble Apex Court rendered in Criminal Appeal No.179 of 2008 in the case of "Suresh Nand V. CBI", wherein the Apex Court observed that impounding of a passport cannot be done by the Court under Section 104 Cr.P.C. though it can impound any other document or thing, this Court held 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.

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Considering the submissions made by the learned counsel for the petitioner and in the light of the law laid down by the Hon'ble Apex Court cited supra, this Criminal Petition is allowed setting aside the order dated 29.01.2024 in Crl.M.P.No.1607 of 2023 in C.C.No.4 of 2017 on the file of the learned Principal District and Sessions Judge, Nellore. The passport of the petitioner shall be returned

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for a period of six months from today, subject to the condition of the petitioner executing a self-bond for a sum of Rs.2.00 lakhs (Rupees two lakhs only) and on producing an FDR for equal amount in the name of the petitioner with provision for encashment by court.

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As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

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_________________________ K. SREENIVASA REDDY, J.

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Date:14.03.2024 DNV

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126

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.766 of 2024

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Date:14.03.2023

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DNV

Ravi Ramesh Babu v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Ravi Ramesh Babu v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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