Smt. Kalli Rajamani v. State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENry TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11905 OF 2022 Between:
Smt. Kalli Rajamani, Wo Kalli Narsing Rao Aged about 55 years,Occ Housewife, R/o H. No. 1-6-226nh, Mohan Nagar, Near Martinet School, Musheerabd, Hyderabad....Petitioner/Accused No. 2 ...PETITIONER/ACCUSED No.2 AND State of Telangana, Rep by Public Prosecutor .Through S.H.O., P.S.Musheerabad Hyderabad District ...RESPONDENT/COMPLAINANT Petition under Section 482 o'f 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 Hon'ble 1 st ADDL. Metropolitan Session Judge Hyderabad to return the passport of the petitioner. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. SIDDARTH REDDY, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No. 1 . The Court made the following:
crl.Petition No.U905 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11905 OF 2022 ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for shoft "Cr.P.Ct seeking direction to the I Additional Metropolitan Sessions Judge, Hyderabad, to return the passport of the petitioner - Accused No.2.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State - respondent. Perused the record.
3. On the basis of the complaint lodged by the 2nd respondent - de facto complainant, FIR No.31B of 2010 was i registered against the Accused and after completion of investigation, charge sheet was filed before the XVII Additional Chief Metropolitan Magistrate, Hyderabad, vide P.R.C.No.12 of 2012 and the same was Jransferred to the I Additional Metropolitan Sessions Judge, Hy!f3!ad vide S.C.No.163 of
\ Crl.PetitionNo.11905ol2022 \ \'
2018. After completion of trial, the Sessions Judge had \ i ;
acquitted all the accuse d on 10.Ll.2022.
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4. During the course of investigation, the passpoft of petitioner-Accused No.2 was seized by the police. As the petitioner was acquitted of all the charges, she filed a petition under Section 452 of Cr.p.C. seeking return of her passport, but the said petition was returned by the I Additionar Metroporitan Sessions Judge, Hyderabad, stating that the appeal period has not been completed.
5. Since the petitioner - Accused No.2 was already acquitted of all the charges alleged against her by the I Additional Metropolitan Sessions Judge, Hyderabad, there is no necessity to keep the passport in the possession of the Court.
6. Accordingly, the Criminal petition is allowed, directing the I Additional Metropolitan Sessions Judge, Hyderabad, to return the passpoft of petitioner - Accused No.2.
Crl.Petition No.11905 of 202Z
7. Accordingly, the Criminal petition is allowed. Miscellaneous applications pending, if any, shall stand closed.
Sd/-I.NAGA LAKSHMI DEPUTY REGI /TTRUE COPY// SECTION OFFICER To,
1. The I Additional Metropolitan Sessions Judge, Hyderabad Z. fne XVtt Addl. Chief Metropolitan Magistrate' Nampally' Hyderabad ^ .
5. fn" SGtion Houru Officer, Chikkidpally Division, Musheerabad Police Station, HYderabad.
+. i*o cbrio the public prosecutor, High court for the state of Telangana, at Hyderabad (OUT).
S. O'ne CC to bri K. SIDDARTH REDDY, Advocate [OPUC]
6. Two CD CoPies Dlplp
HIGH COURT DATED:3O11212022 1 E STAT€ <a oo 12 lrN 2s8 c) {- * !'r.r'-.t*
ORDER
CRLP.No.11905 of 2O22 CRMINAL PETITION IS A]-LOWED.
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