High Court for State of TelanganaCRLP/617/2019disposed of no costs

Mosalikanti Kameswar Rao v. The State Of Telangana

2019-03-15Shameem Akther2 pages

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.6 1 7 OF 2 0 1 9 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioner seeking return of his passport to visit United States of America (U.S.A.) to attend the convocation ceremony of his second son - M. Abhishek scheduled to be held on 28.04.2019. 2.

Heard learned counsel for the petitioner and the learned Additional Public Prosecutor representing the respondent/ State. Perused the record.

As per the material placed on record, the petitioner earlier made a similar request and this Court, by order, dated 03.04.2018, passed in Crl.P.No.3116 of 2018 directed to return the passport of the petitioner on proper acknowledgment. It is submitted that as the petitioner could not get the visa, he could not go to U.S.A. and he has surrendered his passport before the Court, as directed. It is also submitted that as the petitioner could not get the visa, his son postponed the convocation ceremony and the same is scheduled to be held on 28.04.2019. Now, the petitioner intends to go to U.S.A. to attend the convocation ceremony. It is also submitted that after attending the convocation ceremony, the petitioner will surrender the passport.

Under these circumstances, the Additional Judicial Magistrate of First Class, Bhongir, is directed to return the passport of the petitioner subject to the following conditions: (i) The petitioner shall furnish bank guarantee/ deposit F.D.R. for a sum of Rs.1,00,000/ - (Rupees one lakh only) in the name of the said Court, as security.

(ii) The petitioner has to return from U.S.A. by 15.05.2019 and shall surrender his passport before the said Court, failing which, the amount offered as security, as indicated above, shall stand forfeited in favour of the State of Telangana.

Accordingly, the Criminal Petition is disposed of. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J March 15, 2019.