Telangana High Court
Pambi Chandramouli vs The State Of Telangana on 29 March, 2022
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.2826 OF 2022
ORDER:
The present Criminal Petition is filed under Section - 482 of Cr.P.C. to quash the order dated 06.12.2021 in Crl.M.P. No.184 of 2021 in S.S.C. No.105 of 2019 passed by the learned Special Sessions Judge for the Trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act - cum - VII Additional Sessions Judge, Warangal.
2. The petitioner herein is accused No.2 in the said S.S.C. The offences alleged against him are under Section - 506 of IPC and Sections - 3 (1) (r) (s) and 3 (2) (Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act - cum - VII Additional Sessions Judge, Warangal.
3. During the pendency of the proceedings in the above S.S.C., the petitioner herein had filed a petition vide Crl.M.P. No.184 of 2021 seeking permission of the trial Court to renew his Passport bearing No.J6320990 on the ground that the same would expire by 21.06.2021 2 KL,J Crl.P. No.2826 of 2022 and that as per the provisions of the Passport Act, 1967, leave of the Court is required for its renewal. The said application was dismissed by the trial Court on the grounds that the petitioner herein has not disclosed where the original passport was deposited and that the renewal time was already expired.
4. Learned counsel for the petitioner would submit that the trial Court erred in dismissing the petition and ignored the procedure for renewal of the Passport under the Passport Act. He would further submit that in the application filed by the petitioner before the trial Court, the prosecution did not object and, therefore, the trial Court ought to have considered the request of the petitioner. He has placed reliance on the Notification dated 25.08.1993 issued by the Union of India.
5. It is also not in dispute that the petitioner herein is accused No.2 in S.S.C. No.105 of 2019 for the aforesaid offences. The petitioner herein is the holder of Passport bearing No.J6320990. As per the provisions of the Passport Act, 1967, the petitioner herein has to make an application for renewal six months before its expiry. The 3 KL,J Crl.P. No.2826 of 2022 time for renewal was on or before 21.06.2021, whereas, the petitioner submitted an application for renewal of the said Passport on 19.03.2021 to the Regional Passport Officer, Hyderabad. But, the Passport Officials vide its letter dated 25.03.2021, refused to renew the Passport and further informed him that his request to travel Abroad could be considered on obtaining permission from the Court, where the subject criminal proceedings against the petitioner herein, in terms of the Gazette Notification vide GSR 570 (E) dated 25.08.1993. Pursuant to the said letter, the petitioner filed Crl.M.P. No.184 of 2021 under Section - 6 (2) (f) of the Passport Act, 1967 for renewal of his Passport. But, the Court below vide order dated 06.12.2021 dismissed the said application for the reasons mentioned above. Challenging the same, the petitioner filed the present petition.
6. In similar circumstances, referring to the above said Gazette Notification dated 25.08.1993 and also the principle laid down in Ravindra Nath Bhargav v. State of U.P.1, wherein certain directions were given. This Court is of the opinion that the petitioner herein also stands on the very same footing.
1 . 2019 Crl.L.J. 2991 4 KL,J Crl.P. No.2826 of 2022
7. The Union of India had issued the above Notification dated 25.08.1993 exempting citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of Sub-Section (2) of Section 6 of the Passports Act, 1967 , on production of orders from the Court in which criminal proceedings are pending.
8. As stated above, the petitioner herein is the holder of the said Passport No.J6320990 and the same was already expired by 21.06.2021. Of course, in the present case, the petitioner herein has submitted renewal application on 02.02.2021 though not six (06) months before its expiry.
9. It is relevant to note that mere renewal of passport will not cause any prejudice to the de facto complainant and that the trial Court has to ensure the presence of the petitioner herein in the aforesaid S.S.C. for purposes of conducting trial. All the said facts were not considered by the trial Court while dismissing the application filed by 5 KL,J Crl.P. No.2826 of 2022 the petitioner herein. Therefore, this Court is of the opinion that the impugned order is not based on consideration of all the above said aspects including the Gazette Notification dated 25.08.1993 and the directions issued by this Court in G. Anjaiah v. The State of Telangana2. Thus, the impugned order dated 06.12.2021 passed in Crl.M.P. No.184 of 2021 in S.S.C. No.105 of 2019 is liable to be quashed and accordingly, the same is set aside.
10. In view of the above discussion, the present Criminal Petition is disposed of with the following directions:
i) The petitioner herein shall submit an undertaking along with an affidavit before the learned Special Sessions Judge for the Trial of Cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act -
cum - VII Additional Sessions Judge, Warangal in S.S.C. No.105 of 2019 stating that he shall not leave India during pendency of the said S.S.C. without permission of the Court and that he shall co-operate with trial Court in concluding the proceedings in the said S.S.C.; 2 . Crl.P. No.2251 of 2021, decided on 22.03.2021 6 KL,J Crl.P. No.2826 of 2022
ii) On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (02) weeks therefrom;
iii) The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the Passport Officer/ Authority concerned for renewal of his passport;
iv) On filing such an application, the Passport Officer/Authority shall consider the same afresh in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for renewal of his passport in accordance with law, within three (03) weeks from the date of said application; and
v) On renewal of the Passport, the petitioner herein shall deposit the original renewed passport before the trial Court in S.S.C. No.105 of 2019.
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KL,J Crl.P. No.2826 of 2022 However, liberty is granted to the petitioner to seek permission to travel abroad from trial Court if required.
As a sequel, miscellaneous petitions, if any, pending in the criminal petition shall stand closed.
__________________ K. LAKSHMAN, J 29th March, 2022 Mgr