Furkhan Abu Baker Kho Furcian Bin Abubakar v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA MONDAY,THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 191 6 0F 2021'

Between:

Furkhan Abu Baker Kholani @ Furcian Bin Abubakar Kholanr, S/o. Abubakar Bin Hassan Khalon.i aged 24 Years, R/o H No-1 7-1 -166,Yakutpura, Kotla Alijah, Chameli Ka Mandava, Hyderabad.

...PETITIONEFYACCUSED(Sole) AND The State of Telangana, Rep. by its Public Prosecutor, High court at Hyderabad, Hyderabad ,,. RESPONDENT/COMPLAINANT Petition under Section 439 (1 (b) )of Cr.P C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to setaside the order in Crl.MP No.17212021 ,dated 221O2t2021 passed by the Vlll Addl. Chief [Vletropolitan Magistrate, Hyderabad and relax the condition imposed by Vlll Addl.Chief Metropolitan [Vlagistrate, Hyderabad while granting bail to the Petitioner vide order daled 2810112021 wherern it is ordered that the Petitioner should not leave the country without permission of the court This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KHALED BIN SAYEED ,Advocate for the Petationer and the Assistant Public Prosecutor on behalf of the Respondent The Court made the following: ORDER

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1916 of 2021 ORDER:

This criminal petition is filed seeking to set aside the order daled 22.02.2021 in Crl.M.P.'172 of 2021 in SR.No.392 of 2021 in Cr.No.7 of 2021 on the file of the Vlll Additional Chief Metropolitan Magistrate, Hyderabad, wherein and whereby the learned Magistrate dismissed the application filed by petitioner/accused to permit him to go to USA to join his duty at USA for 12 months.

2.

Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-State.

3.

By the order impugned, the trial Court dismissed the application on the ground that the petitioner has not mentioned the place of his work at USA and the nature of work and he has also not filed any supporting documents to that effect except saying that he is working at USA. 4.

Having regard to the reasons stated in the affidavit filed in support of the application, the petitioner is directed to move an appropriate application before the trial Court along with the relevant documents, such as his place of employment, nature of work, his address including E-mail and other particulars as mentioned in the order impugned, and on such filing, the trial Court shall consider the said application basing on the documentary evidence.

5.

With the above direction, the Criminal Petition is disposed of. 6.

Miscellaneous applications, if any pending in this criminal petition, shall stand closed.

^S8i;il$f tlq't?T sEcrloN drYrcen /ffRUE COPY/'

To, \

1. The Vltl Additional Chief Metropolltan Magistrate' Hyderabad

2. The Station House Otficer' Rajendranagar Police Station ' Hyderabad

3. The Station House Officer' Mirchowk Police Station' Hyderabad'

4. Two CCS to Public Prosecutor' High Court for the State of Telangana at Hyderabad SRl. KHALED BIN SAYEED Advocate [OPUCI (our)

5. One CC to

6. Two CD CoPies r/

HIGH COURT GSDJ DATED:2210312021 1 'riE li iP. 14- ( d ,41 Fl,tfi 2tt21

ORDER

* * CRLP.No.1916 of 2021 Or.Si'/,. i C DISPOSING OF CRIN,IINAL PETITIO\ L]\J E, - \-) '7