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High Court for State of TelanganaWP/41272/2016disposed of no costs

Smt. Hameeda , Hameeda Begum, v. State Of Telangana,

2016-11-29Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 41272 OF 2016 O R D E R :

This Writ Petition has been filed seeking a direction to the 2nd respondent to return the original passport bearing No.L7403086 to the petitioner.

It is the case of the petitioner that pursuant to the order dated 07.04.2016 in Crl.M.P.No. 773 of 2016 on the file of the III Additional Metropolitan Sessions Judge at Hyderabad, granting anticipatory bail, she surrendered her passport bearing No. L7403086 before the 2nd respondent. She seeks return of the same.

At the outset, it is to be noticed that the Writ Petition is not maintainable, for, the petitioner has surrendered the passport in order to comply with one of the conditions imposed by the III Additional Metropolitan Sessions Judge while granting anticipatory bail. If, now, the relief sought for in this Writ Petition has been granted, the same will have the overriding effect over the orders of the learned Metropolitan Sessions Judge.

Hence, without expressing any opinion on merits of the matter, this Court feels it appropriate to leave liberty to the petitioner to approach the learned III Additional Metropolitan Sessions Judge at Hyderabad seeking to relax the condition imposed, on the grounds set out in this Writ Petition. As and when such an Application is taken out, the same shall be

considered by the learned Sessions Judge, in accordance with law, as expeditiously as possible.

With this, the Writ Petition stands disposed of. No costs. Consequently, the miscellaneous Applications, if any shall also stand disposed of.

____________________________ CHALLA KODANDA RAM, J 29th November 2016 ksld