The High Court · 2025

The State of Telangana, Through the Officers of the ACB, Adilabad Range, Rep by its Spl. Public Prosecutor, High Court at Hyderabad ...RESPONDENT/COMPLAINANT Petrtron under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertaining to the Order in Crl.tVl.P.No. 963/2025 in Cr No 4./ACB ADBI 2023, DATED 08 09-2025 on the file of the Special Judge for Trial of SPE and ACB Cases at Karimnagar and to quash the same by allowing the Applications of the Petitioner for relaxation of condition filed Uis 483(1)(B) OF B.N.S.S. R/VV 439(1)(b) OF Cr.P.C and to consider the fresh dates of Travelling i.e. from 08.10.2025 to 25.O1.2026 to USA on such terms and condrtions imposed by th is Hon'ble Court. l.A. NO: 2 OF 2025 in CRLP. 1263712025 Petition under Section 528 of BNSS praying that in the circunrstances stated in the Memorandum of Grounds of Criminal Petrtion, the High Court may be pleased to direct the Hon'ble Special Judge for Trial of SPE & ACB Cases at Karirnnagar to relax the condition and permit the petitioner to travel U.S.A. from 0B- 10-2025 to 15-01-2026, pending disposal of the main Criminal Petitron The Petition is coming on for hearing, upon perusing the fi/lemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C HARI zT*fir /' PREETH, Advocate for the petitioner an.l Counsel for ACts for the Sole Respondent. Sri T. Bala [t/o- rn Fleddy, Standing CRIMINAL PETITION NO 12644 0F 2025 Betwee n Smt Arifa Sultar.a Wo lVld. Abdul Sami Age 43 yrs, Or;r: [ahsrldar llio l-] Nc 14-235 Karlas Naqar Adllabarl Town ancl District. ...Petitioner/A cused Officer No. 1 AND The State of Tclanqana. Through the Officers of the ACB. lr by its Spl Publrc Prosecutor, l-liqh Court at Hyderabad. ilabad Range, Rep Resp rnderrUComplainant Petrtron under Section 528 of BNSS praying that i stated rn the l\llemorandum of Grounds of Crimrnal petition, t- pleased to call for tne records pertatntng to the Order in C. Cr No 4/ACB-ADBI 2023 DATED 08-09 2025 on the file of 1 Trial of SPE and ACB Cases at Karimnagar and to quash th€ Application of the Petitionor filed U/s 497 (t) of B N S S R1 lnterim Custody of rer Pass Port to travel abroad on such imposed by thrs C:urt and pass such other order or ord€ proper in the circunrstances of the case I the circL rrrstan ces r lligh CoLrrt may be IV P No 962/2025 in re Speciai Judge for ,ame by allowing the ,45' of lrPC for :rms and r;ond itions ; may deern fit and l.A. NO: 1 OF 2025 Petitron und.:r Section 528 of BNSS praying that i stated n the N4er.norandum of Grounds of Criminal petition, t- pleased to drrect th,: Special Judge for Trial of SpE & ACtl to return the Petrtroner's Passports bearrng No. Mg6g53,€ lnterim Custody to enable her to travel to USA from 08-10-lt, on such terms and conditions imposed by this Court, pendin l Criminal Petrtion and pass such other order or orders may ri the circunrsta nces I the ctTcurnsta nces r High Courl may be ases; at Karrmnagar and AE./77842 for 25 to 15-C1 2026 or disposa I of the main ern fit an,l proper in This Petition is coming on for hearing, upon perusincy Grounds of Criminai Petitron and upon hearing the arguments Advocate for the F,etitioner and the public prosecutor ancl Reddy, Standing Counsel ior ACB for the Sole Respondent 'he lt4emorandum of of Sri C Han Preeth Sri T Bala iVlohan The Court made the following: COMMON ORDER B i I I ! i I i THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION Nos.12637 AND 12644 OF 2025 COMMON ORDER: Both these Criminal Petitions are filed seeking to set aside the common order, dated 0B 09 2025, passed in Crl.M.P.Nos.962 and 963 of 2025 in Cr No.04/ACB-ADB/2023 by the learned Special Judge for Trial of SPE and ACB Cases, Karimnagar, whereby, the petitions filed by the petitioner seeking return of the passports bearing Nos.tt/9695362 and AE277842 for interim custody and to relax the conditton and permit the petitioner to travel Saudi Arabia to perform Umrah and also to U.S.A to meet her daughter, who is pursuing her studies there, were dismissed.

2. Heard Sri C. Hari Preeth, learned counsel for the petitioner and Sri T Bala IVohan Reddy, learned Standing Counsel-cum- Special Public Prosecutor for ACB, for the respondent.

3. Learned counsel for the petitioner submitted that the petitioner herein is accused officer No.1 and she is a Tahsildar, facing allegations under the provisions of Prevention of Corruption Act. He further submitted that the passport of the ) petitioner is in the custody of the Court and that the petitioner J requires the passport to perform Umrah at Saudi Arabia and to visit her daughter who is pursuing 2 I]TD I 1l I l' \ .l16l; oi202i & harch her sttr ties at U.S A Therefore, she filed the present Crl li4.Ps seekinr; rnterim custody of the passports with permission to travel abro )d He further submitted that the trial Court has not considere: the request of the petitioner and has erroneously dismissi: 1 the present Crl M.Ps. He, therefore, prayed to set aside the .:ommon order, dated 08.09 2025, and permit the petitioner to rr lvel abroad by granting interim custody of the passports. Learr ed counsel for the petitroner, in support of his submrssions, has elied upon the judgment of this Court in Venkata Siva Kumar '/ldhanapudi v. Union of lnd ia1

4. Learned Special Public Prosecutor has op: rsed the same and submitted that the investigation is still in p I gress and the documents are yet to be collected He further. submitte<j that since the offence alleged is of serious natur: involving the allegations of corruption, the trial Court has rightll dismissed the present Crl.tM.Ps. He, therefore, prayed to upho l the common order passed by the trial Court.

5. Perused the record ' l0ll scc oni-ine IS 401 t_ tD.l Crl P-No ll6i7 of2(125 & hatch 6. The petitioner herein is accused officer No 1 in Cr No 04/ACB-ADB|2023 of ACB, Adilabad Police Station, Adilabad District. She is facing serious allegations of corruption while working as Tahsildar. The reasons stated for interim custody of the passports and permission to travel abroad are that the petitioner intends to perform Umrah at Saudi Arabia and also visit her daughter, who is pursuing her studies at U.S.A. When the petitioner is facing allegations of serious offence and the investigation is still in progress, the petitioner has to make out essenlial reason for return of the passports. The reasons assigned by the petitioner cannot be held to be so essential that immediate attention is required. Observing the same that there is no. reason of emergency to be attended to, the trial Court has dismissed the petitrons j )

7. Further, in the judgment relied upon by the learned counsel for the petitioner in Venkata Siva Kumar Yadhanapudi's case ( (supra), the coordinate bench of this Court has granted relief of renewal of passport of the petitioner therein. The facts of the said decision differ wrth the present case. In the said case, the petitioner therein has sought for renewal of the passpoft, but in the present case, the relief sought is not with regard to the \ \ :i ITI).J Crl. ' \ 11611 .1 202-i & biLlch renewal of passport The petitioner is seeking r 1 )rim custody of 1 the passport to travel abroad. Thus, in view of he above held discussion, the common order. dated 0B.0g.il0 ,5, of the trial Court is well reasoned and do not need any interl rence. Hence, the same ts upheld and as a result, the Crimirr I petrtions are liable to be dismissed B Accordingly, the Criminal Petitions are disn i sed Miscellaneous Petitions pending, if any, sha I stand closed. ,TRUE COPY// { D/- L VIJAYA LAXMI Asli sTAItr REG|STRAR . \'t. \------ S ECTION OFFICER To, ] Jl" special Judge, ror.j:rl:,..I1 ,"0 ece cr.e]'h rl rimnasar 2. The Station Houie Offir-or.49B polce Statjon Adjtabdr; 3 one cc to sRt c HARi.pRFFT H aj"J."i",i#utf I I#i 33::rT r BALA i\4oHAN nnb,iv'idJ r6i ACr ) rouTl TUPSL I { HIGH COURT DATED:03111t2025 COMMON ORDER .:: --) 16 Fft 2026 CRLP.Nos.12637 and 12644 of F- r' t-l€r,t" -.,, L I i i I I i I I I I I I I I DISMISISNG BOTH CRIMINAL PETITIOI IS, a \ub