IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION NO : 7447 of 2009 Between: Ram Chandra Samal . .Petitioner And The State of A.P., rep. By Public Prosecutor .. Respondent THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.7447 of 2009 ORDER : Heard Sri M.Karibasaiah, learned counsel for the petitioner and Sri A.Ramesh, learned counsel representing learned Public Prosecutor for the respondent. 2) The petitioner, a retired I.A.S officer, who worked as vigilance commissioner in the Government of Andhra Pradesh before retirement on superannuation, desires to have his passport, expiring on 15.09.2009, renewed for which purpose he requires no objection certificate from the IV Additional Metropolitan Sessions Judge, Hyderabad, before whom the petitioner is involved as an accused in C.C. No.8 of 2008. The learned Judge in the impugned order in Crl.M.P.No.393 of 2009, dated 29.08.2009 rejected the request stating that there is a possibility of the accused leaving the country, who had not given undertaking not to do so till the disposal of the cases pending before the Court. On such an apprehension expressed by the respondent-state, the learned Judge dismissed the petition. But, the material shows that the original passport which is about to expire before the filing of the petition was always in the possession of the petitioner and if he had so desired to leave the country for any reason including avoidance of these criminal cases against him, he could have done so earlier in the absence of any prohibitory order from either Court in either of the cases. In fact, the learned counsel for the petitioner brought to notice the order passed by the III Additional Metropolitan Sessions Judge, Hyderabad in this regard, before whom C.C.No.2 of 2008 is pending, on an identical application. The learned Judge allowed the Crl.M.P.No.326 of 2009 on 21.07.2009 permitting to grant an endorsement of no objection to receive the passport only with a direction that the petitioner shall always intimate and take appropriate directions before leaving the country. The said direction is meaningful, suitable and reasonable on the facts of this case and has to be adopted in this case also in exercise of inherent jurisdiction of this Court. 3) Therefore, the IV Additional Metropolitan Sessions Judge, Hyderabad is directed to issue a no objection certificate to the petitioner for renewal of his passport only subject to the petitioner filing an undertaking affidavit before that Court that during the pendency of the proceedings in C.C. No.8 of 2008 before that Court he will not leave the country without prior intimation to the said Court. 4) The Criminal Petition is ordered accordingly. __________________ G. BHAVANI PRASAD, J September 18, 2009 KSH