Allowed

Kanakanala Narayana v. The State of Telangana

Telangana HC9 Nov 2021CRLP/1575/2021

Case brief

AI extract

What is this about?

Criminal petition under Section 482 Cr.P.C filed to quash an order dismissing passport renewal application. Court held petitioner not deprived of passport merely due to pending case, permitted to seek permission from trial court, and modified impugned order.

What did the court decide?

Impugned order quashed and modified; petitioner permitted to seek passport renewal from the Special Sessions Court.

Kanakanala Narayana Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2021)

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IN THE HIGH COURT FOR^{THE STATEOF TELANGANA}

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AT HYDERABAD

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TUESDAY. THE NINTH DAY OF^NOVEMBER

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TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE DR, JUSTICE^{SHAMEEM AKTHER}

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CRIMINAL PETITION NO:^{1575OF 2021}

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Between:

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Kanakanala Naravana, sio.^{KanakanalasubbaNaidu,Aged71 yearc, occ.Politiian,} Rio. 801, lll.H, Lahco Hills,^{Manikonda, RangareddyDistrict.}

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..,Petitioner/Accused No'1

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AND

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The State of Telangana,^{representedby its Public Prosecutor, High Court} Building Premises, High Court,^Hyderabad.

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..,RespondenUResPondent

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Petition under section^{482 of Cr.P.C praying that in the circumstances stated} in the Memorandum of Grounds^{of criminal Petition, the High courtmay be pleased} to quash the order, dated.^{0910212021passed in crl.MP.No.419 ot 2021 in cc.No.} 133 ot 2020 on the file^{of the specialsessionsJudgefor Trial of criminalcases} Relating to Elected^{MPsarid MLAs of the Stateof Telanganaat Hyderabadand} consequently direct^{the Special Sessions Judge for Trial of Criminal CasesRelating} to Elected MPs^{and MLAs of the state of Telangana at Hyderabadto accord} permission to the petitioner for^{renewalof his passport bearing No. J3425580} pending disposal of CC.No. 133 ot^2020.

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This Petition coming on^{for hearing'upon perusingthe Memorandum of} Grounds of criminal^{Petition and upon hearing the argumentsof M/s M' Rajender} Reddy, Advocate for the^{Petitionerand the PublicProsecutoron behalf of the} Respondent.

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The Court made^{the followihg:ORDER}

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THE HON'BLE DR.JUSTICE^{SHAMEEM AKTHER}

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Criminal Petition No'1575 of²⁰²¹

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ORDER:

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This Criminal Petition, under Section^{482 of Cr.P,C.,is filed by} the petitioner/A1 seeking to^{quash the order dated 09.02.2021} passed in Crl.M.P.No.419 of 2027 in C.C.No,133 of 2020 by^the Special Sessions Judge^{for Trial of Criminal CasesRelatingto Elected} MPs and MLAs of the State of Telangana at^{Hyderabad,whereby, the} application filed by the^{petitioner/A1praying to accordhim} permission for renewal of his passport bearing No'J 3425580, was dismissed.

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Heard the learned counsel for the^{petitioner/Al,the learned} Assistant Public Prosecutor representing the^{respondent/Stateand} perused the record.

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Learned counsel for the^{petitioner/A1} would submit that a letter dated 06.11.2020 addressed by the Passport Office to the petitioner/A1 is filed before this Court through a Memo dated 01.10.2021. In the said letter, it is stated that the Passport Office can reconsider the passport application of the^{petitioner/A.L,} if he obtains permission to travel abroad from the Court, where the Criminal Case is still pending.

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As seen from the material on record, C.C.No.133 of 2020 on the file of the Special Sessions Judge for Trial of Criminal Cases Relating to Elected MPs and MLAS of the State of Telangana at Hyderabad, is pending against the petitioner/A1 and others. In view of the nature of allegations made against the petitioner/A1 and the material available on record, the petitioner/A1 cannot be deprived of

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renewal of his passport merely because criminal proceedings are pending against him in the subject C.C.No.133 of 2020.

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Under these circumstances, the petitioner/A1 is permitted to file an application before the Special Sessions Judge for Trial of Criminal Cases relating to Elected Mps and MLAs of the State of Telangana at Hyderabad, where the subject c.c.No,133 of 2020, is pending, seeking permission to travel abroad. Thereupon, the Court below shall pass necessary orders directing the passport authorities to renew the passport bearing No.J3425580 of the petitioner/A.1, in accordance with law. The impugned order dated 09.02.2021 passed in Crl.M.p.No.4I9 of 2O2t in C,C.No.133 of 2O2O by the Court below, is modified as indicated above.

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With the above observations and direction, this Criminal Petition is allowed.

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Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

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SD/. NAYANI CHANDRASEKHAR^RAO ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To, 1. The Special Sessions^{judgeforTrialof Criminal CasesRelatingto Elected MPs} and M l-As of the State^{of Telangana at Hyderabad.}

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The Station House^{Officer, SaidabadPoliceStation, Hyderabad'}

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Two CCs to the^{Public Prosecutor,High Courtfor the State of Telangana, at} Hyderabad [OUT]

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Oire CC to M/s^{M. RajenderReddy,Advocate} IOPUC]

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Two CD Copies MMK

HIGH COURT

DRSAJ

DATED:09/11/2021

ORDER

CRLP.No.1575^{ot 2021}

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H s I..1
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O 0 7 DEC20P1
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ALLOWING THE^{CRIMINAL PETITION}

Kanakanala Narayana v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kanakanala Narayana v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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