THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO. 10377 OF 2010 Dated 29th April, 2010 Between: Nallamothu Ratan Kishore …Petitioner And The Passport Officer and three others …Respondents Counsel for the petitioner : Sri G.Dharma Rao Counsel for respondents 2 & 3: AGP for Home The Court made the following ORDER: This writ petition is filed for a Mandamus to direct the respondents not to seize the petitioner’s passport in connection with C.C No.126 of 2010 on the file of the Special Mobile Court, Guntur. I have heard Sri G.Dharma Rao, learned counsel for the petitioner, and learned Assistant Government Pleader for Home appearing for respondents 2 and 3. The petitioner married respondent No.4 at Guntur on 08.02.2006. The petitioner was employed in USA as a Doctor. According to him, on his return to USA along with his wife-respondent No.4, differences arose between him and his father-in-law over money transactions and that his father-in-law instigated respondent No.4 to give a report, which was taken on file by respondent No.3 as Crime No.98 of 2010 and taken cognizance of by the learned Special Mobile Magistrate as C.C.No.126 of 2010 after filing of the charge sheet by the police. The petitioner further stated that in the charge sheet, it is mentioned that the petitioner is having Passport bearing No.F1518617 and L.W.6 filed a requisition addressing the Superintendent of Police, Guntur through proper channel requesting to open a lookout circular against accused No.1 i.e., the petitioner to avoid his departure out of India. On the basis of this statement contained in the charge sheet, the petitioner is apprehending that the police may seize his passport, which was submitted by him in American Embassy for renewal of his Visa. In my opinion, it would be more appropriate for the petitioner to approach the jurisdictional Magistrate before whom the criminal case is pending so that the learned Magistrate will be in a position to appreciate better the pleas raised by the petitioner and his bona fides. Therefore, the writ petition is disposed of with liberty to the petitioner to file an appropriate application before the jurisdictional Magistrate for the relief, which is claimed in this writ petition. If such an application is filed, the Special Mobile Magistrate, Guntur shall entertain the same, hold appropriate enquiry and pass orders thereon. As a sequel to disposal of main petition, WPMP No.13314 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 29th April, 2010 vrn