D. Phani Kiran v. The State Of Telangana,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2585 OF 2015 ORDER:

The petitioner has preferred the present criminal revision case by invoking the provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the order dated 28.09.2015 passed in Crl.M.P.No.2712 of 2015 in C.C.No.59 of 2014 passed by the XIV Additional Metropolitan Magistrate, Cyberabad, at L.B.Nagar, whereby the Court below returned the petition of the petitioner seeking to return of the passport on the ground that the appeal time is not completed.

Heard and perused the material available on record. Learned counsel for the petitioner submits that the petitioner is acquitted of the offence by the Court below, but the Court below erroneously returned the petition seeking for return of the passport of the petitioner. He further submits that as on today, the appeal time is also completed.

Considering the facts and circumstances of the case and also considering the fact that the appeal time is also completed, the petitioner is directed to file fresh application seeking return of the passport and on such filing, the Court below is directed to return the passport to the petitioner herein. With the above directions, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions pending in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 04.11.2015 pln