THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1577 of 2010 DATE:08.02.2010 Between: Mohd. Abdul Kabeer Siddiqui .... Petitioner and The Inspector of Police, CID(GOW), Hyderabad, and another .... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1577 of 2010 ORDER: The petitioner (A.6) and seven others are accused in Crime No.18 of 1994 of CID Police Station, Hyderabad, for the offences under Sections 420, 468 and 471 IPC, and after completion of investigation, a charge sheet was filed against them. As the petitioner went Abroad, the case was split up against him and registered as C.C.No.387 of 1997 and the same is re-numbered as C.C.No.845 of 2006 before the VI Additional Metropolitan Magistrate, Nampally. As he was out of the country, he could not attend the trial. Hence, NBWs were issued against him, and thereby, the 1st respondent addressed a letter to the 2nd respondent to seize his passport bearing No.F-0965769. Accordingly, the 2nd respondent seized his passport on 14.04.2009 when he returned from Soudi Arabia. Having come to know that a case has been registered against him, he approached the learned Magistrate and filed an application seeking to recall the warrants, and the learned Magistrate was pleased to allow the application recalling the warrants issued against him. Inspite of the same, the 2nd respondent is refusing to return his passport. The same is questioned in this writ petition. 2. On instructions, the learned Standing Counsel for Central Government appearing for the 2nd respondent has submitted that the 2nd respondent addressed a letter to the 1st respondent seeking no objection certificate for release of the passport to the petitioner. As the 2nd respondent has not received the no objection certificate so far, he could not rereturn the passport of the petitioner. 3. The learned Government Pleader for Home appearing for the 1st respondent has submitted that in view of G.O.Rt.No.1494, dated 29.08.2009, with regard to withdrawal of prosecution against the accused in Cr.No.18 of 1994 for the offences under Sections 420, 468 and 471 IPC of CID Police station, Hyderabad, pending before the VI Additional Chief Metropolitan Magistrate, Hyderabad, in C.C.No.845 of 2006, the 1st respondent filed an application before the said court seeking permission to withdraw the said case against the petitioner herein (A.6) as well as A.2 and A.3, and the same is pending. Hence, the 1st respondent could not address a letter to the 2nd respondent. 4. Having heard the learned counsel on either side and taking the facts and circumstances into consideration, this Court is of the view that there is no need to withhold the passport of the petitioner. However, as the 2nd respondent has no information about recalling of the warrants issued against the petitioner, the petitioner is hereby directed to approach the 2nd respondent and establish the fact that the warrants issued against him were recalled. As and when the petitioner approaches the 2nd respondent and establishes the said fact, the 2nd respondent shall return the passport passport bearing No.F-0965769 to the petitioner. 5. Accordingly, the writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 8th February, 2010 cbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1577 of 2010 (Disposed of) 8th February, 2010 CBS and the case was also split up against A.3, A.5 and A.6 and numbered as C.C.No.387 of 1997 and the remaining accused i.e. A.1, A.4, A.7 and A.8 were tried in C.C.No.465 of 1995 on the file of the IX Metropolitan Magistrate, Hyderabad, and they were acquitted by the learned Magistrate by judgment dated 14.12.2000.