THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.13484 of 2010 ORDER: The petitioner is accused No.2 in Crime No.212 of 2009 of Machavaram Police Station, Vijayawada, registered on 10.04.2009, for the offences punishable under Sections 420, 506 IPC and under Sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and in this connection, he was arrested and subsequently, he was released on bail, however, his passport was seized. Now, contending that the petitioner wants to visit Russia, he approached this Court and filed the present application for release of the said passport. This Court directed the learned Public Prosecutor for getting instructions in the matter. The learned Public Prosecutor, on instructions, submitted that there is every likelihood of the petitioner leaving the country. However, the same is opposed by the learned counsel appearing for the petitioner stating that the matter has been settled and to that effect a memo of understanding has been entered and on 19.09.2010 the legal heirs of late Kona Venkata Narayana including the petitioner herein gave General Power of Attorney to the committee members of the Association handing over the properties, in the presence of local police officers. Heard both sides. In the counter filed by respondent No.2- Commissioner of Police, Vijayawada, at para-3 it is specifically stated as under: - “Subsequently, all the subscribers and chit members have formed into an association and due to negotiations and mediations, the matter has been settled and to that effect a memo of understanding has been entered and on 19.09.2010 the legal heirs of late Kona Venkata Narayana Rao also gave general power of attorney to the Committee members handing over all their properties in the presence of local police officers.” It appears, there is some force in the contention of the learned counsel for the petitioner, but the said General Power of Attorney or Memo of Understanding has not been placed before this Court. Further, the petitioner approached this Court without approaching the Sessions Court. In those circumstances, the petitioner is hereby directed to approach the Sessions Court concerned and move an application for release of the passport and that he can as well bring the facts of giving General Power of Attorney to the committee handing over the properties and the entering of memo of understanding to the notice of the learned Sessions Judge, who shall consider the same and pass orders, in accordance with law, releasing the said passport. Accordingly, the Criminal Petition is disposed of. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 21st January 2011 dr