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Judgment
Heard learned counsel for the petitioner and Mr. N. Bhujanga Rao, learned Deputy Solicitor General of India for respondents No.1 and 2.
Learned Deputy Solicitor General of India submitted that the petitioner is facing prosecution in CC.No.73 of 2023 for the offences under Sections 448, 420, 188, 409 read with Section 34 of the Indian Penal Code, 1860 and Sections 3, 4(a)(b), 5, 8 and 10 of the Andhra Pradesh Public Examinations (Prevention of Malpractices and Unfair Means), 1997, in the Court of the I Additional Judicial Magistrate of First Class-cum-Juvenile Justice Boards, Narayanpet. He further submitted that when a criminal case is pending, the petitioner cannot be permitted to approach this Court. The petitioner is required to file an application before the trial Court seeking permission/NOC to travel abroad and if permission is granted by the trial Court allowing the petitioner to travel abroad, then for the corresponding period the passport will be issued.
In view of the above, the writ petition is disposed of granting liberty to the petitioner to file an appropriate application before the trial Court seeking permission/NOC for travelling abroad. As and when such application is filed, the trial Court shall pass orders within a period of three (3) days thereafter. If application is ordered granting permission/NOC to the petitioner to travel abroad, the respondent No.2 shall issue passport to the petitioner for the corresponding period.
The miscellaneous applications, pending if any, shall stand closed. There shall be no order as costs.