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High Court for State of TelanganaWP/4755/2019dismissed no costs

Gattupalli Subhash v. Union Of India Rep By Its Secretary,

2019-03-08P Naveen Rao2 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.4755 of 2019 ORDER:

Heard.

2.

Based on the report dated 12.03.2018 lodged by the 4th respondent, crime No.119/2018 was registered in Pidiguralla Police Station, Guntur District, Andhra Pradesh, for the offences punishable under Sections 498A, 452, 323, 420, 120B and 506 read with 34 of Indian Penal Code against petitioner and six others. Police investigated into the crime and filed charge sheet. The Junior Civil Judge, Pidiguralla, Andhra Pradesh, has taken cognizance of the offence as C.C.No.70/2019 on 13.02.2019, issued summons to the accused and posted the case for appearance of the accused. It appears, the passport of the petitioner was seized. Therefore, the petitioner filed an application before the Regional Passport Officer to release his passport as he has to travel to Singapore to join in his employment. Said request of the petitioner was rejected by the Regional Passport Officer informing the petitioner that since C.C. is pending before the competent Court, he may seek appropriate direction from the said Court. Said decision is challenged in this writ petition. 3.

It is not in dispute that C.C.No.79 of 2019 is pending before the competent Court and the petitioner is A.1 therein. That being so, it is always open to the petitioner to go before the concerned Magistrate seeking release of passport and the concerned Magistrate will be in a better position to appreciate the case, look into the grievance and grant the relief of release of passport to

enable the petitioner to travel abroad, subject to conditions that may be imposed by him.

4.

Since C.C. is pending before the competent Court, this Court is not inclined to entertain the writ petition at this stage. Leaving it open to the petitioner to seek appropriate relief before the Court where C.C. is pending, this Writ Petition is dismissed. 5.

Miscellaneous Petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. _____________________ P.NAVEEN RAO, J 8th March, 2019.

Note : Issue C.C. by 13.03.2019.

B/o.

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