Bezawada Nagalakshmi vs State Of AP & Others

R. Raghunandan Rao, J

The petitioner was accused No.2 in C.C.No.776 of 2018 on the file of Additional Judicial First Class Magistrate, Gudivada. This case ended in an acquittal of the petitioner, by an order dated 02.09.2022.

The 2nd son of the petitioner, who is staying in Dubai had asked the petitioner to come to Dubai. The petitioner had then applied for a passport. However, the 4th respondent, in the course of verification of the antecedents of the petitioner, had issued an endorsement stating that even though the petitioner had been acquitted on 02.09.2022, her presence should be maintained in India for a period of six months, as the bail bonds of the petitioner are kept alive for a period of six months by the Magistrate.

It was further stated that there was every possibility of appeal being filed and accordingly the petitioner should not be permitted to leave India before that.

There is no provision of law which states that an acquittal of an accused remains suspended, for a period of six months, and the said order of acquittal comes into operation only after six months. Once a person has been acquitted, the question of holding the person guilty would not arise. Further, no appeal has been filed till date and the petitioner cannot be denied a passport on the ground that her acquittal was within a period of six months from the date of which she sought a passport.

It can also be seen, from the record placed before this Court, that the Domestic Violence Case filed by the daughter-in-law of the petitioner has been settled by payment of money and that the marriage of the son and daughter-in-law of the petitioner has been dissolved by an order dated 29.09.2022.

In the circumstances, the endorsement dated 18.11.2022, issued by the 4th respondent, requires to be set aside and is hereby set aside.

Consequently, respondent No.5 shall issue a passport to the petitioner, unless there are any other circumstances requiring the refusal of such a passport, within a period of one month from the date of receipt of this order.

Accordingly, this Writ Petition is allowed. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.