Telangana High Court
Rudraraju Srinivas Shah vs The Union Of India And 4 Others on 3 March, 2023
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.6133 OF 2023
ORAL ORDER:
Heard Mr. K. Raghavacharyulu, learned counsel for the petitioner, Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of respondent Nos.1 to 3 and Mr. N. Nagendran, learned Special Public Prosecutor for CBI appearing on behalf of respondent No.4.
2. In view of the nature of relief sought, this writ petition is disposed of in the absence of respondent No.5 at the admission stage.
3. There is no dispute that the petitioner herein is an accused in RC03520200A0002 dated 16.04.2020 pending on the file of respondent No.4. The offences alleged against him are punishable under Section - 420 read with 120-B of IPC. On completion of investigation, the Investigating Officer in the aforesaid crime had already filed charge sheet and the same was taken on file vide C.C. No.1658 of 2023 pending on the file of XXI Additional Metropolitan Magistrate, Hyderabad. The petitioner herein is arraigned as accused No.3. Now, the petitioner herein is intending to travel Qatar for three (03) days i.e., from 12.03.2023 to 15.03.2023 to attend a Conference. In proof of the same, 2 KL,J W.P. No.6133 of 2023 he has filed Itinerary along with travel tickets. Therefore, he is seeking permission to travel abroad for the aforesaid three (03) days.
4. Mr. K. Raghavacharyulu, learned counsel, referring to the order dated 28.07.2022 passed by this Court in W.P.No.28779 of 2022, would submit that this Court suspended LOC issued against the petitioner for a period from 29.07.2022 to 31.08.2022 on certain conditions. There is no complaint against the petitioner that he has violated any of the conditions imposed by this Court. Therefore, there is no change in the circumstances from 28.07.2022 to today. With the said submissions, he sought to permit the petitioner to travel abroad for the aforesaid days.
5. On the other hand, Mr. N. Nagendran, learned Special Public Prosecutor for CBI, on instructions, would submit that there is no change of circumstances and that respondent No.4 has already filed charge sheet in the aforesaid crime and the same was taken on file vide C.C.No.1658 of 2023. Therefore, the petitioner has to approach the trial Court seeking permission to travel abroad.
6. It is not in dispute that the charge sheet filed by the Investigating Officer in the aforesaid crime was returned and the same 3 KL,J W.P. No.6133 of 2023 was re-submitted and the same was taken on file vide C.C. No.1658 of 2023 on 01.03.2023.
7. Referring to Sections - 204 and 207 of the Code of Criminal Procedure, 1973, Mr. K. Raghavacharyulu, learned counsel, would submit that there is no certainty that the trial Court has issued any process to the petitioner and the petitioner herein has not received any summons from the aforesaid Court in the aforesaid C.C. He has to receive copies of police report and other documents on the first date of hearing in the aforesaid C.C. The petitioner will appear on the date mentioned in the said summons on receipt of summons from the said Court in the said C.C. That stage is yet to come. There is no allegation against the petitioner that he violated any of the conditions imposed by this Court in the aforesaid order and, therefore, he seeks permission from this Court to permit the petitioner to travel Qatar for the aforesaid period.
8. There is no dispute that the charge sheet was filed by respondent No.4 in the above crime. The same was returned twice and it was resubmitted on 01.03.2022. The same was taken on file on the same day itself. We are not sure whether learned Magistrate has issued process on the same day. However, the petitioner herein has to appear before the said Court in the said C.C. and he has to receive copies. 4
KL,J W.P. No.6133 of 2023 Considering the facts, relegating the petitioner to the said Court at this stage is not proper.
9. In view of the above said discussion and also the fact that there is no allegation against the petitioner herein with regard to violation of any of the conditions imposed by this Court in the aforesaid order, this Court is inclined to grant relief to the petitioner on the following conditions:
i. LOC issued by 5th respondent against the petitioner is suspended for a period from 12.03.2023 to 15.03.2023;
ii. Respondent No.5 shall inform/communicate this order to respondent No.2 in terms of Office Memorandum, dated 22.02.2021;
iii. The petitioner shall inform to respondent Nos.2 to 5 the address and other particulars with regard to his stay in Qatar;
iv. The petitioner shall inform his arrival/departure to respondent Nos.2 to 5 in terms of the said Office Memorandum, dated 22.02.2021;
v. The petitioner shall cooperate with trial Court in the aforesaid C.C. No.1658 of 2023 by entering his appearance on receipt of summons;
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KL,J W.P. No.6133 of 2023 vi. Respondent No.5 - Originating Agency shall review the LOC opened against the petitioner herein on quarterly and annual basis, submit proposals to delete LOC, if any, immediately after such a review in terms of the said Office Memorandum, dated 22.02.2021;
vii. Respondent Nos.2 to 5 are directed to comply with the guidelines issued by the Government of India vide Office Memorandum dated 22.02.2021; and viii. Liberty is granted to the respondents to take action against the petitioner herein for violation of any of the aforesaid conditions.
10. The present writ petition is accordingly disposed of. However, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the writ petition shall stand closed.
_________________ K. LAKSHMAN, J 3rd March, 2023 Note: Furnish C.C. of Order by 06.03.2023 (B/O.) Mgr