IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18083 of 2014 Between:
Y. Kamesh, S/o. Late Y.V. Rao, Aged 57 years, Sevice, R/o. H.No.428, Road No.14, Banjara Hills, Hyderabad – 34 & another .. Petitioners AND The Union of India, Rep. by Secretary, External Affairs, New Delhi & another .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18083 of 2014 ORDER:
Passport of the petitioners bearing Nos.Z1250969 and A3131640 were seized in connection with investigation of crime on 02.03.2006. Petitioners are accused in C.C.No.21 of 2008, pending on the file of Court of Special Judge for CBI Cases, Hyderabad. Two of the accused were acquitted of the allegation on the ground that they have not committed crime. The Special Judge for CBI Cases entertained doubt on further continuation of proceedings before the Special Court on the ground that remaining accused do not answer the description of public servant. At that stage, an application is filed by the petitioners under Section 239 of the Code of Criminal Procedure, 1973. The same was returned by order dated 19.03.2010 holding that as two public servants were discharged and the charge sheet was returned to the investigating agency, the application for release of passports should be moved before the appropriate Court. Aggrieved thereby, this writ petition is instituted praying for direction to the respondents to release the passports of the petitioners.
2. Learned Standing Counsel representing the CBI produced written instructions furnished to him by the Head of Branch, CBI, Bangalore. The instructions disclose that the CBI has filed Crl.R.P.Nos.365 of 2011 and 406 of 2011 before this Court praying to transfer the cases to XIV Additional Chief Metropolitan Magistrate, Hyderabad. Those petitions are pending consideration.
3. Having regard to the above position, on instructions, the learned Standing Counsel submits that since the case deemed to be pending before the Special Judge for CBI Cases, until the case is transferred to any other court, the petitioners can file an application before the Special Judge for CBI Cases praying for grant of appropriate directions for release of passports.
4. Having regard to the said submissions, the learned counsel for the petitioner seeks liberty to move petitions before the Special Judge for CBI Cases seeking appropriate directions. Granting the said liberty, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J Date: 25th September, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18083 of 2014 Date: 25th September, 2014 KL