Zubair Ahmed Khan v. The State Of Telangana

HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2034 of 2015 O R D E R:

The present revision is preferred against the order dated 11.09.2015 passed by the XV Additional Chief Metropolitan Magistrate-cum-Special Court for Trial of Video Piracy Cases, Hyderabad, in Crl.M.P.No.2139 of 2015 in Crl.M.P.No.1238 of 2015 in C.C.No.591 of 2010.

The petitioner, who is A.1 in C.C.No.591 of 2010, was residing in Doha, Qatar. He was charged for the offence under Section 498-A I.P.C. Recently, when he came to India, the police arrested him in connection with the said case. Later, he was enlarged on bail on condition of his depositing his passport. Earlier, he filed two petitions for return of his passport and the same were dismissed by the Court below.

Thereafter, he filed the above Crl.M.P.No.2139 of 2015 to return his passport pleading that he wanted to leave the country for Doha, Qatar, for employment and also to look after his three children and ailing mother. The learned trial Judge dismissed the petition on the ground that if the passport is returned to the petitioner he may not appear before the concerned Court for trial.

Considering the facts and circumstances of the case, and since the petitioner has to take care of his three children and old aged parents, who are in Doha, Qatar, this Court is of the view that the passport of the petitioner can be returned by imposing conditions.

Accordingly, the Criminal Revision Case is disposed of directing the trial Court to return the passport to the petitioner on

condition of his depositing a sum of Rs.5,00,000/- (Rupees five lakhs only) before it. The petitioner is permitted to represent his case through any one of the accused before the concerned Court. The petitioner is permitted to answer the charges as framed under Section 313 Cr.P.C proceedings before the concerned Court through his counsel.

Pending Miscellaneous Petitions shall stand closed. __________________ Justice Raja Elango Date: 21.09.2015 va HON'BLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.2034 of 2015 21.09.2015 va