Mir Junood Ali Jawad, v. The State Of Telangana,
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.554 OF 2017 ORDER:
The Criminal Revision Case is filed against the order dated 27.02.2017 passed in Crl.M.P. No.1044 of 2017 on the file of XIII Additional Chief Metropolitan Magistrate, Mahila Court, Hyderabad which is outcome of Crime No.585 of 2016 of P.S. Banajara Hills, Hyderabad registered for the offences punishable under Sections 498-A, 406 and 420 IPC read with Sections 4 & 6 of Dowry Prohibition Act, 1961. 2) Heard both sides and perused the material on record. 3) The police have no right to impound the passport but for by the authority under the Indian Passport Act, 1967. In fact, the passport is produced and deposited with the trial Court.
As such, if at all, the petitioner wants to travel it must be with permission of the learned Magistrate to obtain transit permit and travel; that too, by showing any necessity of leaving the country to go abroad, by assigning reasons and by filing an application under Section 6 (2) (f) of Indian Passport Act, 1967 read with Circular of the Central Government in GSR 570 E, dated 25.08.1993. It is therefrom to consider by the learned Magistrate to return the passport with necessary conditions and subject to undertaking to face the trial by coming back to the country with any security or cash deposit, so that in the event of failure, to forfeit the same or part of it as penalty under Section 53 IPC as laid down in Abdul Gaffar Khan vs St at e of Telangana1.
1 2015 (1) ALT Crl 91
4) Accordingly and in the result, the revision is disposed of giving such liberty to the petitioner to approach the learned trial Magistrate within one month from the date of receipt of a copy of this order for the learned Magistrate to pass order after hearing both sides. 5) As a sequel, miscellaneous petitions if any pending shall stand closed.
_________________________ Dr. B. SIVA SANKARA RAO, J Dt.10.03.2017 knl
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.554 OF 2017 Date:10.03.2017 knl