VEGULLA LEELA KRISHNA v. THE STATE OF ANDHRA PRADESH
CRLP/5178/2025 · 2025-05-05
Harinath N
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 48334 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48334 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5178 OF 2025 Between: Vegulla Leela Krishna, Aged about 52 years, S/o. Veeraju, Occ; Business, R/o D.No.3-23, PeddaVeedhi, Valluru Village, Kapileswarapuram Mandal, East Godavari District, Andhra Pradesh-533308. ...Petitioner/Petitioner AND The State of Andhra Pradesh, Represented by S.H.O, ANGARA PS., B.R.Ambedkar Konasema District, Rep. Through the Public Prosecutor, State of Andhra Pradesh, High Court of Andhra Pradesh at Amaravati. ...Respondent/Respondent Petition under Section 482 of Cr.P.C R/w Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the order dated 24.04.2025 passed in Crl.M.P.No.1888 of 2024 in CC No. 1012 of 2023 on tfie file of Hon’ble Junior Civil Judge cum Judicial First Class Magistrate Court, Alamuru under section 6 (2) of the Passport Ac, 1967 r/w GSR 570(E) dated 25.08.1993 and permit the petitioner herein to travel to abroad, in the interest of equity and justice while exercising its inherent jurisdictionunder Section482 of Cr.P.C r/w Section 528 of BNSS.
¥f I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to Permit the Petitioner herein to abroad, pending final disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N. Ashwani Kumar, Advocate for the Petitioner and the Public Prosecutor behalf of the sole Respondent. The Court made the following ORDER: praying that in the travel to on
1 CRLP. NO.5178 0F2025 APHC010246282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] V TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5178/2025 Between: Vegulla Leela Krishna ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1.N ASHWANI KUMAR Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
2 CRL.P. No.5178 OF 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.5178 OF 2025
ORDER:
1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State.
2. The petitioner is aggrieved by the order, dated 24.04.2025, passed in Crl.M.P.No.1888 of 2024 in C.C. No.1012 of 2023 on the file of the Court of the Junior Civil Judge-cum-Judicial First Class Magistrate Alamuru.
3. The petitioner had filed an application under Section 6(2) of the Passport Ac 1967 r/w GSR 570(E) dated 25.08.1993, seeking issuance of a clearance order and permission to travel abroad for a period of five years, along with a direction to the Regional Passport Authority not to take coercive steps against him. The learned Magistrate dismissed the application, observing that there are other crimes pending against the petitioner and that the petitioner is facing serious allegations in the present case. However, the learned counsel for the petitioner submits that the petitioner had earlier filed Criminal Petition No. 7903 of 2024 wherein this Hon’ble Court, vide order dated 08.11.2024, stayed all further proceedings in C.C. No. 1012 of 2024 against the petitioner.
4. It is further submitted that this fact was brought to the notice of the learned Magistrate, but the dismissal was made without due
3 CRLP. No.5178 OF 2025
consideration of the interim order passed in the criminai petition filed by the petitioner.
5. Considering the submissions and the material placed on record, the
order of the learned Magistrate is hereby set aside, and the passport authorities are directed to renew the passport of the petitioner. It is made clear that permission to travel abroad pursuant to this direction is subject to obtaining necessary permission from this Court, in accordance with the directions issued in Criminal Petition No. 7903 of 2024, which is pending adjudication before this Court.
6. With the above direction, the criminal petition is allowed.
7. Miscellaneous petition, if any, pending in this criminal petition shall stand closed.
SD/- SHAIK MOHAMMED RAFI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To.
1. The Station House Officer, Angara Police Station, B.R. Ambedkar Konasema District.
2. One CC to Sri N. Ashwani Kumar Advocate [OPUC]
3. Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT]
4. Three CD Copies Chp sree
HIGH COURT DATED:06/05/2025
ORDER CRLP.No.5178 of 2025 ALLOWING THE CRIMINAL PETITION