IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2193 OF 2025 Between: Ravipati resident Mandal, Srinivasarao, S/o Somaraju, Aged about 56 years, Permanent of D.No.5-138, Ganapavaram Road, Narayanapuram, Unguturu Presently resident at Flat. No.202, Plot No.D-125, Nerul West, Navi Mumbai, Maharashtra State. ...PETITIONER/A-1 AND 1. The State of Andhra Pradesh, Represented by S.H.O, Chebrole P.S through Public Prosecutor, High Court of A.P, Amaravathi. 2. Smt Alluri Vijaya Lakshmi, Aged about 50 years, Hom,e Maker, R/o D.No.1-109, Alluri Chinna Venkamma Gari Street, Tirupathipuram, Attili Mandal, West Godavari District. ...RESPONDENTS No. 1 & 2 Petition under Section 528 of BNSS and U/s 482 of Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to call for the records relating to Order Dt.02-01-2025, passed in CrI.M.P No.374 of 2024 in Crime No. 103 of 2021, On the file of the I Additional Civil Judge, (Junior Division),- Cum - I / Additional Judicial Magistrate of First Class Godavari District and modify the Tadepalligudem, West same This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T V JAGGI REDDY, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No. The Court made the following Order: APHC010096152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY. THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE [3457] r-?£5-7 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2193/2025 Between: Ravipati Srinivasarao ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.T V JAGGI REDDY Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following Order: The petitioner is challenging the order passed by the I Additional Junior Civil Judge-cum-l Additional Judicial Magistrate of I Class, Tadepalligudem, in Crl.No.374 of 2024, in Crime No.103 of 2021. 2. The petitioner is arraigned as Accused No.1 in Crime No.103 of 2021, for the alleged offences under Sections 448, 324, 506 and 384 of the Indian Penal Code (for short ‘IPC’). w 0- 2 The learned counsel for the petitioner submits that the 3. petitioner is residing in Mumbai and has been living there for the last twenty years. Certain property disputes arose between the family of the petitioner and the respondent and civil suits have also been filed. The respondent filed a private complaint against the petitioner and other relatives, alleging offences under Sections 307, 448, 324, 323, 384, read with Section 34 of the IPC. After investigation, the police filed a charge sheet. The learned counsel for the petitioner further submits that the 4. petitioner intends to renew his passport and had approached the learned Magistrate’s Court seeking permission for the renewal of his passport. The learned Magistrate, vide order dated 02.01.2025, directed the petitioner to deposit a sum of Rs.1,00,000/- in the form a bank Fixed Deposit Receipt (for short FDR) before the Court apart from laying down certain other conditions. The present criminal petition is filed challenging the order of 5. the learned Magistrate to the extent of imposing of the condition of furnishing an amount of Rs.1,00,000/- in the form of FDR. The learned counsel for the petitioner submits that the 6. petitipner is, in any case, under an obligation to inform the learned \ 3 Magistrate’s Court and take necessary permission before leaving aboard. The petitioner is also directed by the learned Magistrate to give an undertaking before the Court regarding his travel. The petitioner is also directed to appear as and when required by the learned Magistrate. The learned counsel submits that the imposition of the condition of depositing Rs.1,00,000/- as an FDR for the renewal of the passport is an onerous condition. 7. 8. The learned Assistant Public Prosecutor appears for the 1 St respondents. 9. Considering the submissions of the learned counsel appearing for the petitioner, it is submitted that the imposition of the condition of depositing a sum of Rs.1,00,000/- in the form of an FDR is certainly onerous. The petitioner is only seeking a no objection certificate for the renewal of his passport. Section 6(2)(f) of the Passport Act, 1967 requires the petitioner to obtain permission from the competent ^ lurt when a case is pending against the applicant. The petitioner is required to obtain a no objection certificate from the competent Court for reissue of the passport. GSR 570(e) issued by the Ministry of External Affairs /■ 4 would only require the applicant to obtain a no-objection certificate from the concerned Court for the reissue of the passport. The intent of GSR 570(e) is solely to ensure the presence of the accused to facilitate the completion of the trial. There is no condition prescribed for the grant of the no-objection certificate by the Court under either the Passport Act, 1967 or GSR 570(e). 10. In view of the above, the condition imposed by the learned Magistrate, directing the petitioner to furnish an amount of Rs. 1,00,000/- in the form of bank FDR, is hereby set aside. The rest of the conditions would stand. 11. With these observations, the criminal petition is disposed off. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K SRINIVASA RAJU assistant registrar SECTION OFFICER //true copy// To, 1. The I Additional ''“^3^fas™Tadepan^udem, West Godavari Judicial Magistrate of First Class, i au District Amaravathi. 2. OneCCto Sri.TVJaggi 3 Two CCS to [OUT] 4. Three CD Copies i Reddy, Advocate [OPUC] the Public Prosecutor, High Court of Andhra Pradesh. SD vna HIGH COURT DATED:04/03/2025 ORDER CRLP.No.2193 of 2025 2 0 MAR 2025 a^ . Current becuon ^ ^^s£^SPATCV'1^ DISPOSING OF THE CRIMINAL PETITION