seeking relaxation of the condition with regard to the deposit of passport - It is a matter of record that the petitioner is the Managing Director and whereas the 2nd respondent/complainant is the Chairman of the company. There are various disputes between them with regard to the increase of authorized share capital and allotment of shares. The petitioner deposited the passport in compliance of the conditions imposed on him by the learned IV Additional Judicial Magistrate of First Class, Kakinada, East Godavari District, as per orders passed in Crl.M.P.No.2848 of 2012. Since the petitioner intends to go to Singapore on business work, his passport is necessarily required to be released to him. In that view of the matter, I am inclined to order for release of the passport for limited period.

THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

Criminal Petition No.463 of 2013

ORDER:

        This is an application filed by the petitioner seeking relaxation of the condition with regard to the deposit of passport as ordered by IV Additional Judicial Magistrate of First Class, Kakinada, East Godavari District, in Crl.M.P.No.2848 of 2012.

2.     Heard Sri Vedula Venkata Ramana, learned Senior Counsel appearing for the petitioner/accused and learned Additional Public Prosecutor appearing for the 1^st respondent/State and learned counsel appearing for the 2^nd respondent/complainant.

3.     It is contended by the learned senior counsel appearing for the petitioner that the petitioner has to go to Singapore on business work and therefore, the passport, which has been deposited by the petitioner before the trial Court is required to be returned.  According to the learned senior counsel, the petitioner has to go to Singapore on 5^th February, 2013 and he is likely to return to India on 10^th March, 2013.

4.     Learned counsel appearing for the 2^nd respondent/complainant opposed the application on the ground that the petitioner intends to go to Singapore to manipulate the accounts of the company.

5.     It is a matter of record that the petitioner is the Managing Director and whereas the 2^nd respondent/complainant is the Chairman of the company.  There are various disputes between them with regard to the increase of authorized share capital and allotment of shares.  The petitioner deposited the passport in compliance of the conditions imposed on him by the learned           IV Additional Judicial Magistrate of First Class, Kakinada, East Godavari District, as per orders passed in Crl.M.P.No.2848 of 2012.  Since the petitioner intends to go to Singapore on business work, his passport is necessarily required to be released to him.  In that view of the matter, I am inclined to order for release of the passport for limited period.

6.     Accordingly, the Criminal Petition is allowed permitting the petitioner to take back the passport deposited by him in compliance of the condition imposed on him in Crl.M.P.No.2848 of 2012 so as to enable him to go to Singapore and he has to redeposit the same on returning to India on or before 12^th March, 2013.

 

______________________

B.SESHASAYANA REDDY, J.

Date:28^th January, 2013.

 

Note:

Issue C.C. by day-after tomorrow.

B/O

cs

THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Criminal Petition No.463 of 2013

 

 

 

 

Date:28^th January, 2013