Vemuri Naveen v. The State Of Telangana
[ 3260 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY,THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY CRIMINAL PETITION NO: 3417 OF 2023 Between:
Vemuri Naveen, S/o Satyanaruyana, Aged about 29 years, Occ. Private Employee, Rl/o H.No. 1305, My Home Abhra, Madhapur, Hyderabad. ...PETITIONERYACCUSED AND The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, Hyderabad.
...RESPONDENT/COMPLAINANT Petition under Section 482 ot Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set-aside the order passed in Crl.M.P. 563 of 2022 dated 11.11.2022 and return the Petitioner's passport bearing No. 24438348 which was seized in Crime No. 23 of 2019 of Madhapur Police Station. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T. ANIRUDH REDDY, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE A.SANTHOSH REDDY M NA PETITI N No. 4L7 F2 o RDE R:
This Criminal petition is filed under Section 4g2 of the Code of Criminal Procedure, 1973 (for short.Cr.p.C.,) by the petitioner_ Accused No.3 to quash the order dated ll.tl.2o22 in Crl.M.P.No.563 of 2022 in Crime No.23 of 2019 passed by the learned I Additional Senior Civil Judge-Cum-Chief Metropolitan Magistrate-Cum-Additional Assistant Sessions Judge, Ranga Reddy District, at L.B. Nagar.
2. Heard learned counsel for the peUtioner - accused No.2 and learned Additional Public prosecutor for the respondent - State. Perused the record.
3. The crime was registered in the year 2019 and the police having concluded investigation, filed charge sheet against the petitioner herein and others on 24.09.2022 vide C.C.No.24 of 2022. As a condition for granting bail, the passport of this petitioner was ordered to be deposited before the concerned court. On an application made by this petitioner _ accused No.3
for release of passport vide Crl.M.p.No.563 of 2022, the learned I Additional Senior Civil Judge-Cum-Chief Metropolitan Magistrate-Cum-Additional Assistant Sessions Judge, by order dated 11.11.2022, dismissed the said application on the ground that no specific reason is mentioned.
4. The learned counsel for the petitioner - accused No.3 undertakes that the petitioner - accused No.3 will appear before the Court concerned as and when required and prayed to return the passport by imposing any of the conditions.
5. On perusal of the record would show that the passport is lying with the concerned Court for the past three years and there is no material to show that the petitioner is absconding. Therefore, this Court deems it fit and proper to direct the concerned Court to return the passport of the petitioner on a condition that he shall not leave the country without obtaining prior permission of the Court and fufther, he shall file an affidavit undeftaking to appear before the concerned Court on every date of hearing.
6.
Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed.
Sd/. B. CHANDRA PRAKASH ASSISTANT REGISTRAR Note: This Order is amended as per Court Order dated 2710412023 seeking correction of "Petitioner-Accused No.3,, instead of "Petitioner-Accused No.2" in the Order wherever marked. This order substitutes the earlier order dispatched on 2110412023. Sd/.B.CHANDRA PRAKASH ASSISTANT REGISTRAR //TRUE coPY/t (3t) SECTION OFFICER To,
1. The I Additional Senior civil Judge-cum-chief Metropolitan Magistrate-cum-lAddl. Assistant Sessions Judge, Ranga Reddy Distriit at L.B. N-agar.
2. The Station House Officer, Madhapur (Guttala) police Station, Cyberabad.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad (OUT).
4. One CC to SRl. T. ANIRUDH REDDY, Advocate tOpUCl
5. Two CD Copies +=- DL NJB
HIGH COURT ASR,J DATED:06/04/202 3 DATEO;27t04t2023 1:\E STA f i-- o;.
\ {.'(- a( t,2 fi[I ?$8 i O O 'i1 .
: r. ,- ..,- /\'
AMENDED ORDER CRLP.No.3417 ol 2023 Criminal petition is disposed of D5