The court affirmed that a passport may be denied if criminal proceedings are pending, reinforcing the requirement for a court order for permission to travel abroad as per Gazette Notification GSR 570(E).

ORDER :

Nagesh Bheemapaka, J.

This Writ Petition is a checkered litigation. The factual matrix of the case is that petitioner is the Managing Director of PCH Group of Companies i.e. PCH Corporation Limited, PCH Lifestyle Limited and PCH Retail Limited. The said companies are engaged in the business of importing Electronics Goods like Laptops, Mobiles, Furniture and Consumer durables from various countries and to carry the business activities, petitioner he has to travel abroad.

1.1. It is stated, the above companies had availed loan/credit facility from various Banks and defaulted in repayment. Hence, petitioners accounts were declared as NPA in 2013. Consequently, the Banks have lodged complaints/reports with CBI at Chennai, Bangalore and Hyderabad.

1.2. It is stated, based on the report of Punjab and Sind Bank, George Town Br, Chennai, CBI, Economic Offences Wing, Chennai registered R.C. No. 10/E/2014 under Sections 420, 468 and 120(B) IPC. and petitioner was arrested on 09.06.2015 and was later enlarged on bail on 22.06.2015 by Madras High Court. The CBI-EOW/Chennai addressed letter to the Regional Passport Officer, Hyderabad to impound petitioner's passport bearing No. 22507790 dated 26.08.2013. Accordingly, the Regional Passport Officer impounded the passport on 15.04.2015 by proceedings No. 30(21) PO 1/2015 and the same was confirmed by proceedings No. VIII/402/App-55/2015 dated 22.08.2015. Challenging these proceedings and also seeking a direction to Respondents to permit him travel abroad, petitioner filed Writ Petition No. 36913 of 2015, wherein this Court by order dated 16.12.2016 granted interim suspension of the impugned order, pursuant to which, he travelled abroad for 35 times.

1.3. While so, a Look Out Circular was issued against petitioner by the CBI, EOW, Chennai. Aggrieved, petitioner filed Crl.O.P. No. 11044 of 2015 and M.P. No. 1 of 2015 before the High Court of Madras. On 24.06.2015 the Court directed the Superintendent of Police, CBI, EOW, Chennai to withdraw the Look Out Circular. The CBI, EOW, Chennai filed a charge sheet before the Addl. Chief Metropolitan Magistrate (Alikulam) Egnore, Chennai, under Sections 120(B) read with 420 IPC and it was numbered as C.C. No. 5231 of 2015.

1.4. The State Bank of India, Commercial Branch, Hyderabad lodged a report before CBI, EOW, Chennai for non- payment of its dues which was registered as R.C. No. 10/E/ 2017 dated 15.12.2017 under Sections 120(B) read with Sections 420, 468, 471, 477(A) of IPC and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988. Subsequently the said report was transferred to CBI, ACB, Hyderabad, for investigation wherein a charge sheet was filed and it was numbered as C.C. No. 5574 of 2022 on the file of the XXI Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad.

1.5. The Andhra Bank represented by its Circle General Manager lodged a report before CBI, BS&FC, Bengaluru for non- payment of its dues and it is registered as R.C. No. 1 of 2019 dated 11.03.2019 under Sections 120(B), 406, 409, 420, 468, 471 IPC. A Look Out Circular was also issued by the CBI, BS&FC, Bengaluru. Aggrieved by this Look Out Circular, petitioner filed Writ Petition No. 7882 of 2019 wherein this Court on 25.04.2019 Court passed the following order:

“ There shall be interim direction to the respondents not to deprive the petitioner of the privilege of foreign travel, unless and until the Passport is impounded. However, the respondent authorities are at liberty to take steps regarding intimation of his travel details to Respondent No. 4 - CBI.

Further, the petitioner shall give an undertaking before this court by way of an aff