G. Srikanth v. Kavitha

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 8315 OF 2019 Between:

G. Srikanth, S/o. G. Kishore, aged about 33 years, PUo. 1-2-2121A14/1 , Domalguda, Hyderabad.

...PETITIONER/ACCUSED No.1 AND Kavitha, D/o. Ashwathnarayana, Aged about 29 years, R/o.1-2-2121A1411 , Suraj Nagar, Domalguda, Hyderabad The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana, At Hydera bad.

...RESPONDENTS/COMPLAINANT Petition under Section 482 rlw 451 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to direct the Xlll Addl. Chief Metropolitan Magistrate, Hyderabad to grant interim custody of the passport bearing No. IM2300772 to the petitioner in C.C. No. 739 of 2016 on the File of the Xlll Addl. Chief lVetropolitan I\,4agistrate, Hyderabad, in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T. S. Anirudh Reddy, Advocate for the Petitioner and the Public Prosecutor, High Court of Telangana for the Respondent No.2 and none appeared for the Respondent No.1. The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.8315 OF 20L9 ORDER:

This Criminal Petition is filed by the petitioner/accused No.1 in C.C.No.739 of 2016 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offence punishable under Section 498-A of IPC, seeking a direction to the Court below to grant interim custody of the passport of the petitioner bearing No.M23OO77 2.

2.

Vide order dated 24.02.2021, this Court quashed the proceedings in C.C.No.739 of 2016 on the lile of the Court below by recording the compromise entered between the parties.

3, Since the proceedings in C.C.No.739 of 2016 are quashed against the petitioner, he is entitled to return of his passport.

4, Therefore, the Criminal Petition is allowed and the XIII Additional Chief Metropolitan Magistrate, Hyderabad, is directed to return the passport bearing No.M2300772 to the petitioner herein within a period of two weeks from the date of receipt of a copy of this order. Miscellaneous Petitions, pending if any, shal1 stand closed.

SD/.M.MANJULA ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To, The Xlll Additional Chief Metropolitan Magistrate, Hyderabad. The Station House Officer, Women police Station CCS, DD, Hyderabad Cor4c[

3. One CC to Sri. T. S. Anirudh Reddy, Advocate [OpUC] 4 Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

5. Two CD Copies gbr rt

HIGH COURT l I I DATED:2410212021 I4 t n I MA,q 202,l co z >, * 8r.

ORDER

CRLP.No.8315 of 2019 ALOWING THE CRIMINAL PETITION.

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