Veerababu Nagabhairava, v. Union Of India And Another

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 24515 OF 2019 O R D E R :

This writ petition is filed challenging the proceedings dt.14.08.2019 wherein and whereby the petitioner was asked to obtain permission from this Court in Criminal Appeal No.120/2008 for granting passport.

Heard learned counsel for the petitioner and Sri N.Rajeshwar Rao, learned Assistant Solicitor General for respondents. Sri N.Rajeshwar Rao, learned Assistant Solicitor General submits that by virtue of Gazette Notification vide GSR 570(E), dt.25.08.1993, petitioner was asked to obtain permission from this Court in Criminal Appeal No.120 of 2008.

It is to be seen that the 1st respondent issued Gazette Notification No.GSR 570(E), dt.25.08.1993, enabling the persons to obtain passport against whom criminal proceedings are pending subject to certain conditions and one of such condition is to obtain permission from the Criminal Court, where criminal proceedings are pending against such person.

The petitioner does not dispute that criminal appeal is pending against his acquittal. As such, instead of filing this writ petition, petitioner could have filed an application in the Criminal Appeal No.120/2018 and obtained permission.

In view of the same, the writ petition is disposed of granting liberty to the petitioner to make application in Criminal Appeal No.120/2008, seeking permission for grant of passport. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

__________________________ A.RAJASHEKER REDDY, J 08.11.2019 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 24515 of 2019 08.11.2019 tk