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High Court of Andhra Pradesh · body

2025 DAILYLAW 52999 (AP)

Pramod Yalamanchili, v. Judicial Magistrate of First Class,

WP/15382/2022 · 2025-11-06

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010199242022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15382/2022 Between: 1. PRAMOD YALAMANCHILI,, S/O. Y. SIVA SANKARA RAO, AGED ABOUT 36 YEARS, RESIDENT OF. LIG. A 76, DR. AS RAO NAGAR, ECIL POST, HYDERABAD - 500062, TELANGANA, INDIA. ...PETITIONER AND 1. JUDICIAL MAGISTRATE OF FIRST CLASS, SPECIAL MOBILE COURT, DISTRICT COURT COMPLEX, NAGARAMPALEM, GUNTUR, ANDHRA PRADESH - 522004. 2. THE S H O, ., WOMEN P.S, GUNTUR URBAN (NOW CALLED DISHA MAHILA POLICE STATION), NAGARAMPALEM, GUNTUR, ANDHRA PRADESH - 522 004. ...RESPONDENT(S): Counsel for the Petitioner: 1. PARTY IN PERSON Counsel for the Respondent(S): 1. GP FOR HOME 2. S S.NAGESWARAREDDY The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus (1) By directing the 1st Respondent to immediately return the passport to the petitioner (which enables the petitioner to (2)By declaring the action of the 2nd Respondent in snatching passport and later submitting to the court as highly illegal, arbitrary, unjust, improper, contrary to law, and in violation of Criminal Procedure Code, Passport Act of India, 1967., Article 14, Article 19, Article 21 and 300-A of the Constitution of India, and Principles of Natural Justice. (3)By declaring the action of 1st Respondent in accepting the snatched passport through a memo, retaining it, and not 2 accepting a petition under section 451 of Cr.P.0 as highly illegal, unjust, improper, contrary to law and in violation of the Criminal Procedure Code, Passport act of India, 1967., Article 21 and Principles of Nature Justice. (4)Pass.” 2. Today, when the matter is taken up for hearing, there is no representation on behalf of the petitioner. 3. Learned Assistant Government Pleader for Home would submit that in the light of the interim orders passed by a coordinate bench of this Court dated 28.06.2022, no further orders are required in this matter. 4. For ready reference, the relevant portion of the interim order dated 28.06.2022 in W.P.No.15382 of 2022 is extracted hereunder:- “Therefore, the petitioner is hereby directed to comply with the said objections 1 and 3 and re-present the said petition before the trial Court. In case the petitioner resubmits any such petition after complying with the said two objections, the trial Court shall register the said petition and hear the petitioner and the prosecution and dispose of the said petition expeditiously according to law. The petitioner is entitled to maintain the said petition under Section 451 Cr.P.C, as it is now stated by learned Assistant Government Pleader for Home, on instructions, that the passport was already produced by the concerned police before the trial Court. Therefore, the petition under Section 451 Cr.P.C is perfectly maintainable under law.” 5. In that view, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _______________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:07.11.2025 ASR 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.15382 of 2022 Dt.07.11.2025 Asr