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High Court for State of TelanganaCRLP/1109/2014dismissed

Mohsina Iffat Alias Samina Nuzhat, v. The State Of Andhra Pradesh,

2016-02-18Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1109 OF 2014 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in Crl.R.P.No.398 of 2013 on the file of the I Additional Metropolitan Sessions Judge, Hyderabad, arising out of offence under Sections 420, 468, 471, 473 IPC and Section 12(1)(6) of the Indian Passports Act.

Heard and perused the material available on record. The petitioner herein filed Crl.M.P.No.3176 of 2013 on the file of the VI Additional Chief Metropolitan Sessions Judge, at Hyderabad, for interim custody of the passport along with Green Card of USA seized by the police in connection with crime No.53 of 2013 on the file of the P.S., Humayunnagar, Hyderabad and that the said petition is dismissed.

Aggrieved over the same, the petitioner filed Crl.R.P.No.398 of 2013 seeking to set aside the said order and release the passport for custody of the petitioner herein. The same was also dismissed. Aggrieved over the same, the present criminal petition is filed.

Learned counsel for the petitioner submits that the passport is given only after thorough verification and detailed enquiries and as such, the same can be returned for interim custody of the petitioner herein. He further submits that the petitioner has not committed any offence as alleged against the petitioner herein. On hearing the arguments and perusing the material, this Court is of the view that the passport cannot be returned to the petitioner for interim custody as it is alleged that the said passport is obtained by submitting the forged documents by the petitioner. The orders of the Courts below are in accordance with law and as such, this Court is not inclined to interfere with the impugned order.

The Criminal Petition is accordingly dismissed. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 18.02.2016 pln