Saddi Ramesh Kumar Reddy v. The Regional Passport Authority,

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL W.P.No.15598 of 2011

ORDER

This writ petition is filed with the following prayer: "to issue an order/direction or any appropriate writ more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent in impounding the petitioner's passport bearing No.E-8789089 as illegal, arbitrary, violation of Articles 14 and 16 of the Constitution of India and contrary to the order dated 14.03.2011 passed by this Court in Crl.M.P.No.2318 of 2011 in Crl.P.No.2261 of 2011 and consequently direct the respondents herein to release the petitioner's passport forthwith and pass such other order/orders'. 2.

The case of petitioner is that based on the complaint given by 4th respondent, a case in Cr.No.11 of 2007 of Asifnagar Police Station, Hyderabad, for the offences punishable under Sections 420 and 376 IPC, was registered against the petitioner and after investigation, charge sheet was filed and the same was numbered as PRC No.16 of 2008 on the file of VI Chief Metropolitan Magistrate, Hyderabad. Seeking to quash the said charge sheet, the petitioner filed Crl.P.No.2261 of 2011, wherein this Court granted stay of all further proceedings in the said case. While so, when the petitioner returned to India from USA, the passport authorities impounded his passport and transmitted to the 1st respondent. Aggrieved by the same, the petitioner filed the present writ petition along with W.P.M.P.No.18689 of 2011, wherein this Court, by order dated 28.06.2011, directed the respondents to release the passport of petitioner subject to condition that the petitioner gives an undertaking that he will appear before the 1st respondent as and

MSKJ,J W.P.15598 of 2011 when required and he will also produce his passport for appropriate orders within one year from the date of release of passport. Pursuant to the said direction, the passport has been returned to petitioner. 3.

Since the passport bearing No.E-8789089 of petitioner has already been returned to petitioner on his undertaking that he will appear before the 1st respondent as and when he receives notice, the petitioner shall also abide by the orders, if any, passed in the criminal case pending against him.

4.

With the above observation, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

________________ M.S.K.JAISWAL,J 31st August, 2017 sj