R.Nageswar Rao v. The State Of A.P

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3101 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in crime No.57 of 2015 on the file of the Women Police Station, Tirupati, Tirupati Urban, Chittoor District, registered for the offences under Sections 498-A, 420 and 354 IPC and Sections 3 and 4 of the Dowry Prohibition Act.

Heard and perused the material available on record. Learned counsel for the petitioner submits that the petitioner has to move to United States of America to join job, otherwise he will lose his job and as such, prays this Court to direct the Court below to pass appropriate orders directing the Passport Authorities to release the passport of the petitioner and granting permission to the petitioner herein to move abroad. Admittedly the case is pending from the year 2015 and the offence is arising out of matrimonial disputes between the petitioner and the de facto complainant.

Considering the facts and circumstances of the case, the Regional Passport Authorities is hereby directed to return the passport to the petitioner and the petitioner is permitted to travel abroad. The petitioner is directed to execute a bond for a sum of Rs.5,00,000/- (Rupees five lakhs only) with one surety to the satisfaction of the Magistrate concerned for his appearance before the Court below. The petitioner is directed to appear before the Court below as and when required.

The Court below is directed to direct the Regional Passport Authorities to return the passport of the petitioner, after execution of the bond by the petitioner herein.

With the above directions, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this petition shall stand closed. _____________________ JUSTICE RAJA ELANGO 23.03.2016 pln