Crlp/9637/2021 Of Mr. Bala Reddy Gopu v. The Deputy Commissioner Of Income Tax, Tds

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SIXTEENTH DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION Nos: 9606 & 9637 ol 2021 Crim inal Petition No: 9606 o'f 2021 Between: Mr. Bala Reddy Gopu, S/o. Late Gopu lnna Reddy, Age. 55 Yrs, Occ. Ex-Chairman andM D of M/s. ICSA (lndia) Ltd (under liquidation), FUo H.No. B3B, Vivekananda NagarColony, Kukatpally, Hyderabad ...Petitioner/Accused AND 1. Assistant Commissioner of Central Tax (Prosecution)Ranga Reddy GST Commissionarate, HyderabadRanga Reddy GST Commissionarate, Hyderabad 2. The Regional Passport Officer, Department of External Affairs, RegionalPassport office, SecunderabadPassport office, Secunderabad ...Respondents Petition under Section 482 of Cr.P.C praying that in the circumstances statedin the Memorandum of Grounds of Criminal Petition, the High Court may be pleasedto call for the records in connection with Crl.M,P. No. 540 of 2021 in CC. No. 124 of2018 dt.3011012021 on the file of the Principal Special Judge for EconomicOffences, at Hyderabad and Quash the same against the petitio ner/accu sed. l.A. NO: 1OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstances statedin the Memorandum of Grounds of Criminal Petition, the High Court may be pleasedto direct the 2nd respondent to renew/issue the passport of the petitioner bearingNo. Z 1926010 which expired on0610412021 by considering the renewal applicationof the petitioner vide File No. HY2073149170920, dated 1411212020 [pursuant ]tooffice Memorandum vide No. Vl/401/1/5/2019 dt. 1011012019 and handover thesame to the [petitioner.] Criminal Petition No: 9637 of 2021 Between: Mr. Bala Reddy Gopu, S/o. Late Gopu lnna Reddy, Age. 55 Yrs, Occ. Ex-Chairman andM D of M/s. ICSA (lndia) Ltd (under liquidatjon), R/o H.No. B3B, Vivekananda NagarColony, Kukatpally, Hyderabad ... Petitio n e r/Acc u se d AND 1. The Deputy Commissroner of lncome TaxTDS, Circle-l ('1 ), HyderabadTDS, Circle-l ('1 ), Hyderabad 2. The Regional Passport Officer, Department of External Affairs, RegionalPassport office, Secunderabad .,.RespondentsPassport office, Secunderabad .,.Respondents Petition under Ser tion 482 of Cr.P.C praying that in the circumstances stated inthe Memorandum of [t ]irounds of Criminal Petition, the High Court may be [pleased ]tocall for the records ir connection with Crl.M.P. No. 537 ol 2021 in CC. No. 78 of2021 d|.211112021 or the file of the Principal Special Judge for Economic Offences,at Hyderabad and Qu lsh the same against the petitione r/accust:d. l.A. NO: 1 OF 2021 Petition under iection 482 of Cr.P.C praying that in the circumstances statedin the Memorandum [( ]f Grounds of Criminal Petition, the High C,turt may be [pleased]to direct the 2nd respc rdent to renew/issue the [passport ]of the [petitioner ]bearing No.Z 1926010 which exl ired on 06/04/2021 by considering the renewal application ofthe [petitioner ]vide Fil [, ]No. HY2073149170920, daled [14112120:10 ][pursuant ][to ][office]Memorandum vide N r. V|l401111512019 dt. 10/10/2019 and handover the same tothe petitioner. These Petition: are coming for hearing, upon [perusing ][lhe ][Memorandum of]Grounds of Criminal [)etition ]and upon hearing the arguments [of ][lt//s. ][Chandrasen]Law Offices, Advoca e for the Petitioner and Sri Narasimha Sharma, [Standing]Counsel on behalf of re Respondents. The Court made the I rllowing: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMANCrl.P.Nos.9606 and 9637 of 2O2L COMMON ORDER: Heard the learned counsel for petitioner and SriB.Narasimha Sharma, learned Standing Counsel for RespondentNo.2 in both the Criminal Petitions and perused the record. These Petition: are coming for hearing, upon [perusing ][lhe ][Memorandum of]Grounds of Criminal [)etition ]and upon hearing the arguments [of ][lt//s. ][Chandrasen]Law Offices, Advoca e for the Petitioner and Sri Narasimha Sharma, [Standing]Counsel on behalf of re Respondents. The Court made the I rllowing: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMANCrl.P.Nos.9606 and 9637 of 2O2L COMMON ORDER: Heard the learned counsel for petitioner and SriB.Narasimha Sharma, learned Standing Counsel for RespondentNo.2 in both the Criminal Petitions and perused the record. 2. Petitioner in both the Criminal Petitions is common. He isAccused in C.C.Nos.7B and 124 of 2018 pending on the Iile ofPrincipal Special Judge for Economic Offences, Hyderabad. Theoffences alleged against the petitioner are under Sections 2768and 278B of the Income Tax Act, 1995. The petitioner is havingpassport u,ith PassportNo.Z-1926010 and it is valid upto 2018.Therefore, the petitioner herein has approached the Passportauthorities ra,ith a request to renew the passport vide hisapplication dated 14.12.2020 seeking renewa-l of the saidpassport. The Regional Passport Oflicer vide letter dated18.6.2021 advised the petitioner either to file copy of acquittalorder or permission from the Court to travel abroad, where CCsare pending. Similar advise was given to the petitioner videletter dated 11.10.2021. Therefore, petitioner filed W.P.No.13316of 2021, declaring the high-handed action of the passportauthorities in withholding the passport for the last sevenmonths and also for a consequential direction to considerrenewal application including representations dated lS.l .2021 and 1.5.202 1 sr bmitted by the petitioner seeking reneu,al ofpassport. Ther :after, the petitioner withdren' the said writpetition with a liberty to submit repre sentatiorls to therespondent autl orities. ln fact, the petitioner liere.in hasalreadl, submittt d tu,o representations dated 15. 1 . 102 1 and1.5.202r. 3. Thereafter, petitioner herein has liled a per-ition videCrl.M.P.No.540 of 2O2l in C.C.No.124 of 20t8 andCrl.M.P.No.537 oi 2O2I in C.C.No.7S of 2018 before the learnedPrincipal Special Judge for Economic Offences, Hyderabadseeking renewal c I passport. The Court below returned the saidpetitions on thr ground that the said petitions are notmaintainable sinr e the relief sought is only a direction to thepassport authorir ies to renew the application and the Courtbelow is not havir g the power to do so. Therefore, according tothis Court, the Cc rrt beiow is right in returning the petition filedby the petitioner seeking rener,r,al of passport. The pzrssportauthorities have advised the petitioner to either produceacquittal order o: permission from the Court below to travelabroad. If the pet itioner is intended to travel abroad cluring thependency of CCs, :re has to approach the Court below where theCCs are pending r nd seek permission to travel abroad. It is notthe case of the pe itioner that he is seeking permission to travelabroad. He is only seeking renewal of passport. Therefore, the petitions filed by the petitioner vide cr1.M.p.No.540 of 2o2r inC.C.No. 124 of 2018 and Crl.M.p.No.53Z of 20t.8 in C.C.No.78 of2018 seeking a direction to the passport authorities to renew hispassport is not proper. Therefore, this Court is not inclined toC.C.No. 124 of 2018 and Crl.M.p.No.53Z of 20t.8 in C.C.No.78 of2018 seeking a direction to the passport authorities to renew hispassport is not proper. Therefore, this Court is not inclined tointerfere with the said endorsement made by the Court belowdated 30. 10.2O2t.dated 30. 10.2O2t. petitions filed by the petitioner vide cr1.M.p.No.540 of 2o2r inC.C.No. 124 of 2018 and Crl.M.p.No.53Z of 20t.8 in C.C.No.78 of2018 seeking a direction to the passport authorities to renew hispassport is not proper. Therefore, this Court is not inclined toC.C.No. 124 of 2018 and Crl.M.p.No.53Z of 20t.8 in C.C.No.78 of2018 seeking a direction to the passport authorities to renew hispassport is not proper. Therefore, this Court is not inclined tointerfere with the said endorsement made by the Court belowdated 30. 10.2O2t.dated 30. 10.2O2t. 4 ' In view of the above, both the criminar petitions aredismissed, granting liberty to the petitioner to take appropriatesteps to challenge the proceedings dated 18.6.202l and17.lO.2O2l issued by the !"a respondent seeking direction to thepassport authorities for renewal of passport. The miscellaneouspetitions pending, if any, shall stand closed.appropriatesteps to challenge the proceedings dated 18.6.202l and17.lO.2O2l issued by the !"a respondent seeking direction to thepassport authorities for renewal of passport. The miscellaneouspetitions pending, if any, shall stand closed. //TRUE COPY// SD/.K.AMMAJIIASSISTANT REGISTRAR.vSECTION OFFICERASSISTANT REGISTRAR.vSECTION OFFICER To, 1. The Principal Special Judge [for ][Economic ][Offences, ][at ][Hyderabad]2. One CC to M/s. Chandrasen [Law ][Offices ]IOPUCI3. One CC to Sri B. Narasimha [Sarma, Advocate ] 4. Two CD CopiesKNI.BS\',\- HIGH COURT DATED:16/1 212021 ORDERCRLP.Nos.9606 & [( ]637 of 2021 CRIMINAL PETITI(,NS ARE DISMISSED f@ w-:::;-'l