Extracted from the PDF above. The PDF is authoritative.
1 CRL.P. No.5361 of 2025 APHC010257822025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5361/2025 Between: Gali Arul Raj ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. SAI SARAN CHODISETTY Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
2 CRL.P. No.5361 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.5361 OF 2025 ORDER:
1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner is facing trial in C.C.No.407 of 2007 pending on the file of the Court of II Additional Judicial Magistrate of First Class at Ongole, for alleged offences under Sections 406, 420, 471 and 120(B) of the IPC read with Section 6 of the Foreign Contributions (Regulation) Act, 1976. 3. It is submitted that a discharge application was filed by the petitioner on the ground that as per section 29 of the Foreign Contributions (Regulation) Act, the offences under this Act are triable exclusively by the Court of Sessions. 4. The learned Sessions Court, in C.R.P. No.18 of 2015, held that charge sheets must be filed by the police before the competent court, and that the II Additional Judicial First Class Magistrate, Ongole, lacks jurisdiction over the matter. The petitioner has now filed a petition seeking renewal of his passport for a period of 10 years. However, Crl.M.P.No.1090 of 2024 filed by the petitioner, seeking a direction to the passport authority to renew the passport of the petitioner, was dismissed by the learned Magistrate on the ground of lack of jurisdiction. 3 CRL.P. No.5361 of 2025
5. The learned counsel for the petitioner submits that it is the responsibility of the Investigating Officer to take appropriate steps for getting the matter to be transferred to the Sessions Court. Despite this, the petitioner continues to face trial in C.C. No.407 of 2007. 6. As the petitioner intends to travel abroad, this Court, upon considering the facts and submissions, is inclined to direct the concerned passport authority to renew the passport of the petitioner for 10 years, subject to the application of the petitioner is otherwise in order. 7.
With these observations, the criminal petition stands disposed of. 8. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ____________________ JUSTICE HARINATH.N Dt.08.05.2025 BV