ALLEPU NARESH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri B. Chandra Shekhar Reddy, learned counsel appearing for the petitioners, Sri Kalvala Sanjeev, learned Central Government counsel appearing for respondent Nos.1 and 2 and learned Assistant Government Pleader for Home appearing for respondent No.3. Perused the record.

(2.) This writ petition is filed to declare the action of respondent No.2 in not returning the Passport of the petitioners as illegal and for a consequential direction to respondents to return the original Passport of the petitioners.

(3.) Perusal of the record would reveal that both petitioners are accused in S.C.No.1044 of 2020 and the offences alleged against them are under Ss. 420, 468, 471 and 370-A of IPC and Sec. 5 of PITA Act. Vide judgment dtd. 29/4/2022 passed by the I Addl. Assistant Sessions Judge, Ranga Reddy District, they were acquitted. In the said judgment itself, learned Judge has specifically directed that Material Object Nos.4, 6, 7 and 10 to 14 are sent to the concerned Passport authorities for further necessary action. M.O.4 is the original Indian Passport No.P8313839 of petitioner No.1 and M.O.10 is the original Indian Passport No.M2696570 of petitioner No.2. Therefore, respondent No.2 cannot retain the said Passports belong to the petitioners, more particularly, in absence of any orders passed under Sec. 10(3) of Passports Act, 1967 and also acquittal of petitioners in the aforesaid S.C.No.1044 of 2020.