← Library
High Court for State of TelanganaCRLP/10156/2018disposed of no costs

S. Kumara Swamy, v. The State Of Telangana,

2018-09-25M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.10156 OF 2018 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code'), is filed by the petitioner - accused No.1, challenging the order, dated 14.08.2018, passed in Crl.M.P. No.2439 of 2018 in Calendar Case No.283 of 2017, by the learned XIV Metropolitan Magistrate, Cyberabad at L.B. Nagar, whereby and whereunder, the learned Magistrate declined to grant permission to leave the Country for a period of fifteen (15) days.

2. The petitioner herein filed the petition in Crl.M.P. No.2439 of 2018 before the Magistrate seeking the relief referred supra on the ground that he is a Software Consultant of one Project at U.K. and his personal presence is required to advise the employees working there, and requested to accord permission to go Abroad, but the Magistrate dismissed the said petition on the ground that no material is placed before the Court in support of his contention, and more particularly, about his employment.

3. Aggrieved of the said order, the petitioner filed the present Criminal Petition, reiterating the same contentions, and the petitioner produced a copy of Gmail, dated 11.09.2018 received at 11:15. According to the contents of the said document, the petitioner was assigned with work of 'Critical and Complex IT Services' in the

MSM,J Crl.P No.10156 of 2018 organization, and he has to complete his work assigned, but he left the Country at unfinished stage of project and substantial portion of the assigned work was completed while leaving a small portion of the work, which may hardly take 5-6 days for completing.

4. In view of the letter issued by the Director, Raj IT Solutions UK Private Limited, the petitioner has to attend the work for 5-6 days at U.K. for completion of the Project of 'Critical and Complex IT Services', and for that limited purpose, the petitioner is permitted to leave India to visit U.K. for a period of six (06) days excluding journey time and also permitted to leave Country on due intimation to trial Court by appearance one day before leaving and report on arrival at India, availing permission to leave Country for six (06 days.

5. With the above direction, the present Criminal Petition is disposed of at the stage of admission itself. Consequently, Miscellaneous Petitions, if any, pending in the present Criminal Petition, stand closed.

_________________________________ M. SATYANARAYANA MURTHY, J September 25, 2018 Mgr