Dismissed

Mr. Bala Reddy Gopu v. The Deputy Commissioner of Income Tax, Tds

Telangana HC16 Dec 2021CRLP/9637/2021

Case brief

AI extract

What is this about?

The High Court dismissed two criminal petitions filed by a petitioner accused in pending economic offences seeking quashing of orders or direction to renew his passport. The Court held the Court below was correct as a Special Judge lacks power to direct passport renewal; petitioner must seek travel permission from the Court below.

What did the court decide?

Criminal petitions dismissed; liberty granted to challenge orders passed by Respondent No. 2.

Mr. Bala Reddy Gopu Vs The Deputy… — Civil Procedure and Limitation | Telangana HC (2021)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

¶3

THURSDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

¶6

CRIMINAL PETITION Nos: 9606 & 9 637 ol 2021

¶7

Crim inal Petition No: 9606 o'f 2021

¶8

Between:

¶9

Mr. Bala Reddy Gopu, S/o. Late Gopu lnna Reddy, Age. 55 Yrs, Occ. Ex-Chairman and M D of M/s. ICSA (lndia) Ltd (under liquidation), FUo H.No. B3B, Vivekananda Nagar Colony, Kukatpally, Hyderabad

¶10

AND

¶11

...Petitioner/Accused

¶12

Assistant Commissioner of Central Tax (Prosecution) Ranga Reddy GST Commissionarate, Hyderabad

¶13

The Regional Passport Officer, Department of External Affairs, Regional Passport office, Secunderabad

¶14

...Respondents

¶15

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in connection with Crl.M,P. No. 540 of 2021 in CC. No. 124 of 2018 dt.3011012021 on the file of the Principal Special Judge for Economic Offences, at Hyderabad and Quash the same against the petitio ner/accu sed.

¶16

l.A. NO: 1OF 2021

¶17

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the 2nd respondent to renew/issue the passport of the petitioner bearing No. Z 1926010 which expired on0610412021 by considering the renewal application of the petitioner vide File No. HY2073149170920, dated 1411212020^pursuant to office Memorandum vide No. Vl/401/1/5/2019 dt. 1011012019 and handover the same to the^petitioner.

¶18

Criminal Petition No: 9637 of 2021

¶19

Between:

¶20

Mr. Bala Reddy Gopu, S/o. Late Gopu lnna Reddy, Age. 55 Yrs, Occ. Ex-Chairman and M D of M/s. ICSA (lndia) Ltd (under liquidatjon), R/o H.No. B3B, Vivekananda Nagar Colony, Kukatpally, Hyderabad

¶21

... Petitio n e r/Acc u se d

¶22

AND

¶23

The Deputy Commissroner of lncome Tax TDS, Circle-l ('1 ), Hyderabad

¶24

The Regional Passport Officer, Department of External Affairs, Regional Passport office, Secunderabad .,.Respondents

¶25

/ {

¶26

Petition under Ser tion 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of^t irounds of Criminal Petition, the High Court may be^pleased to call for the records ir connection with Crl.M.P. No. 537 ol 2021 in CC. No. 78 of 2021 d|.211112021 or the file of the Principal Special Judge for Economic Offences, at Hyderabad and Qu lsh the same against the petitione r/accust:d.

¶27

l.A. NO: 1 OF 2021

¶28

Petition under iection 482 of Cr.P.C praying that in the circumstances stated in the Memorandum⁽ f Grounds of Criminal Petition, the High C,turt may be^pleased to direct the 2nd respc rdent to renew/issue the^passport of the^petitioner bearing No. Z 1926010 which exl ired on 06/04/2021 by considering the renewal application of the^petitioner vide Fil^, No. HY2073149170920, daled^{14112120:10 pursuantto office} Memorandum vide N r. V|l401111512019 dt. 10/10/2019 and handover the same to the petitioner.

¶29

These Petition: are coming for hearing, upon^{perusinglhe Memorandum of} Grounds of Criminal^)etition and upon hearing the arguments^{of lt//s. Chandrasen} Law Offices, Advoca e for the Petitioner and Sri Narasimha Sharma,^Standing Counsel on behalf of re Respondents.

¶30

The Court made the I rllowing: ORDER

¶31

THE HONOURABLE SRI JUSTICE K. LAKSHMAN

¶32

Crl.P.Nos.9606 and 9637 of 2O2L

¶33

COMMON ORDER:

¶34

Heard the learned counsel for petitioner and Sri B.Narasimha Sharma, learned Standing Counsel for Respondent No.2 in both the Criminal Petitions and perused the record.

¶35

Petitioner in both the Criminal Petitions is common. He is Accused in C.C.Nos.7B and 124 of 2018 pending on the Iile of Principal Special Judge for Economic Offences, Hyderabad. The offences alleged against the petitioner are under Sections 2768 and 278B of the Income Tax Act, 1995. The petitioner is having passport u,ith PassportNo.Z-1926010 and it is valid upto 2018. Therefore, the petitioner herein has approached the Passport authorities ra,ith a request to renew the passport vide his application dated 14.12.2020 seeking renewa-l of the said passport. The Regional Passport Oflicer vide letter dated 18.6.2021 advised the petitioner either to file copy of acquittal order or permission from the Court to travel abroad, where CCs are pending. Similar advise was given to the petitioner vide letter dated 11.10.2021. Therefore, petitioner filed W.P.No.13316 of 2021, declaring the high-handed action of the passport authorities in withholding the passport for the last seven months and also for a consequential direction to consider renewal application including representations dated lS.l .2021

¶36

¶37

<br>

¶38

and 1.5.202 1 sr bmitted by the petitioner seeking reneu,al of passport. Ther :after, the petitioner withdren' the said writ petition with a liberty to submit repre sentatiorls to the respondent autl orities. ln fact, the petitioner liere.in has alreadl, submittt d tu,o representations dated 15. 1 . 102 1 and 1.5.202r.

¶39

Thereafter, petitioner herein has liled a per-ition vide Crl.M.P.No.540 of 2O2l in C.C.No.124 of 20t8 and Crl.M.P.No.537 oi 2O2I in C.C.No.7S of 2018 before the learned Principal Special Judge for Economic Offences, Hyderabad seeking renewal c I passport. The Court below returned the said petitions on thr ground that the said petitions are not maintainable sinr e the relief sought is only a direction to the passport authorir ies to renew the application and the Court below is not havir g the power to do so. Therefore, according to this Court, the Cc rrt beiow is right in returning the petition filed by the petitioner seeking rener,r,al of passport. The pzrssport authorities have advised the petitioner to either produce acquittal order o: permission from the Court below to travel abroad. If the pet itioner is intended to travel abroad cluring the pendency of CCs, :re has to approach the Court below where the CCs are pending r nd seek permission to travel abroad. It is not the case of the pe itioner that he is seeking permission to travel abroad. He is only seeking renewal of passport. Therefore, the

¶40

¶41

petitions filed by the petitioner vide cr1.M.p.No.540 of 2o2r in C.C.No. 124 of 2018 and Crl.M.p.No.53Z of 20t.8 in C.C.No.78 of 2018 seeking a direction to the passport authorities to renew his passport is not proper. Therefore, this Court is not inclined to interfere with the said endorsement made by the Court below dated 30. 10.2O2t.

¶42

4 ' In view of the above, both the criminar petitions are dismissed, granting liberty to the petitioner to take appropriate steps to challenge the proceedings dated 18.6.202l and 17.lO.2O2l issued by the !"a respondent seeking direction to the passport authorities for renewal of passport. The miscellaneous petitions pending, if any, shall stand closed.

¶43

SD/.K.AMMAJI ASSISTANT REGISTRAR .v

//TRUE COPY//

SECTION OFFICER

To,

The Principal Special Judge^{for EconomicOffences, at Hyderabad} 2. One CC to M/s. Chandrasen^LawOffices IOPUCI 3. One CC to Sri B. Narasimha^{Sarma, Advocate} [OPUC] 4. Two CD Copies

KNI. BS ',-

HIGH COURT

DATED:16/1 212021

ORDER

CRLP.Nos.9606 &⁽ 637 of 2021

¶53

w
-:::;-'l

¶54

CRIMINAL PETITI(,NS ARE DISMISSED

¶55

f
@

Mr. Bala Reddy Gopu v. The Deputy Commissioner of Income Tax, Tds

Case brief

What is this about?

What did the court decide?

Mr. Bala Reddy Gopu v. The Deputy Commissioner of Income Tax, Tds

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

G.G.Suresh Kumar Vs State of Telangana

Dr.a.Yogender Swamy Vs The State of Telangana and Another

Avinash Melwani and another Vs The State of Telangana and another

Bendra Thirupathi Reddy Vs State of Telangana

Mandela Rajesh Vs The State of Telangana

Sama Sanjeev Reddy and 2 Others Vs The State of Telangana and Another