Avula Bhargav Kishor Reddy v. The Station House Officer And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINA L REV|SION CASE NO: 135 OF 2022 Criminal Revision Case filed Under Sections 397 and 401 of Cr.P.C seeking to set aside the Order da1ed.07.01.2022 passed in Crl.MP No. 503 ot 2021 in CC No.2018 of 2019 on the file of the Court of the XV Additional Chief Metropolitan Magistrate (Mahila Court), at Hyderabad, Xlll Additional Chief Metropolitan Magistrate, at Hyderabad FAC XV Additional Chief Metropolitan Magistrate, at Hyderabad Between:

y. S/o A Sivarami Reddy. Aged about-13 years. Aminenr Street, Madanapalle, Chittoor District (As Avula Bhargav Kishor Redd Occ. Employee, Rl o. 1 -542, per the Charge Sheet).

...Petitioner/A'l

AND The Station House Officer, Women Police Station, South Zone, Hyderabad, represented by Public Prosecutor, High Court, at Hyderabad. Bdttu Vasanth'a, W/o. B.Malreddy, Occ. Business, R/o. H.No.50/2, RT Bahadurpura, Housing Board Colony, Hyderabad.

...Respondents

1.

) lA NO: 1 oF 2022 Petition under Section 482 Cr.P.C praying that in the circumstances stated in the grounds filed in support of the Criminal Revision Case, the High Court may be pleased to direct to return the passport to the petitioner. Counsel for the Petitioner: SRI G. ESWARAIAH Counsel for the Respondent No.l: THE PUBLIC PROSECUTOR (TG) Counsel forthe Respondent No.2: NONE APPEARED The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL REVISION CASE No.135 of 2022 ORDER:

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the record.

2.

Petitioner herein is A-1 in C.C.No.2O18 of 2019 pending on the file of the XV Addl. Chief Metropolitan Magistrate (Mahila Court) at Hyderabad, XIII Addl. Chief Metropolitan Magistrate at Hyderabad FAC XV Addl. Chief Metropolitan Magistrate at Hyderabad. The offences alleged against the petitioner herein I A-7 are under Sections 498-A,406 and 506 of IPC and Sections 4 and 6 ol Dowry Prohibition Act.

3.

The petitioner herein had filed an application under section 451 of Cr.P.C., vide Crl.M.P.No.503 of 2O2l in C.C.No.2O18 of 2Ol9 seeking return of his passport on imposition of certain conditions. Vide order dated O7-O|-2O22, learned Magistrate has allou,ed the said It

application partly and granted interim custody of passport on imposition of certain conditions including the condition that the petitioner has to appear on 24'Ol-2O22 for his first appearance and recording his examination under section 239 of Cr.P.C.

4. Sri. G. Eashwaraiah, learned counsel for the petitioner would submit that the petitioner was present on 24-Ol-2O22 for the purpose of said examination under Section 239 ol Cr.P.C., but the learned Magistrate insisted the presence of other accused and did not examine the petitioner under Section 239 of Cr.P.C.

5.

Learned counsel for the petitioner would submit that the petitioner /Accused No.l has to leave U.K. for his employment next week or otherwise he is going to loose his job. According to him, C.C. is posted to 29-O3-2022 and the petitioner is ready to comply with all the conditions imposed by the learned Magistrate in the impugned order ./, I

-1 / on O7-O1-2O22. In vieu, of the insistence of presence of other accused, the petitioner got stuck 6.

In view of the said specific submissions made by the learned counsel that the petitioner herein is ready to comply all other conditions, C.C. is posted to 29-03-2022 and that the petitioner has to leave for abroad next week, this Civil Revision Petition is disposed of, directing the learned XV Addl. Chief Metropolitan Magistrate (Mahila Court) at Hyderabad, XIII Addl. Chief Metropolitan Magistrate at Hyderabad FAC XV Addl. Chief Metropolitan Magistrate at Hyderabad, to pre-pone the said proceedings I I in C.C.No.20 18 of 2019 to 28-02-2022 for the purpose of examination of the petitioner I A-l under Section 239 of Cr.P.C., in accordance u,ith 1a'*,. The other conditions imposed by the learned Magistrate in the impugned order remained un-altered. However, LOC, if any, issued against the petitioner/Accused No.l in relation to the subject Crime No.128 of 2018 pending on ttre Iile of the Women

Police Station, Charminar, Hyderabad City or C'C'No'2018 of 2079 pending on the file of the XV Addl' Chief Metropolitan Magistrate (Mahila Court) at Hyderabad' XIII Addl. Chief Metropolitan Magistrate at Hyderabad FAC XV Addl. Chief Metropolitan Magistrate at Hyderabad, shall be kept in abeyance for the period of one yea-r i'e', upto 23-Ol-2O23. However the petitioner shali cooperate with the trail court in disposal of the said C.C.

Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed SD/. K. SRINIVASA RAO JOINT REGISTRAR /tu, i/TRUE COPY// SECTION OFFICER To,

1. The XV Additional Chief Metropolitan Magistrate (Mahila Court), at Hyderabad, Xlll Additional Chief Metropolitan Magistrate, at Hyderabad FAC XV Additional Chief Metropolitan Magistrate, at Hyderabad (With records if any).

2. The Station House Officer, Women Police Station, South Zone, Hyderabad.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUTj

4. One CC to SRI G. ESWARAIAH, Advocate [OPUC]

5. Two CD Copies IvllIK

HIGH COURT KLJ DIJED:251O212O22 t HE SIA l.c

ORDER

2 5 F[3 2022 a) :) t-, CRLRC.No.135 of 2022 .<f DISPOSING OF THE CRIMINAL REVISION CASE