Dodla Anantha Reddy v. The State of Ap.
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SRI JUSTICE B.SESHASAYANA REDDY Criminal…
SRI JUSTICE B.SESHASAYANA REDDY Criminal…
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THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
Criminal Revision Case No.6 of 2013
Date:2 2 nd January, 2013
Between:
Dodla Anantha Reddy S/o.Chandrakantha Reddy
....Petitioner/Accused
And
The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad.
....Respondent
THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
Criminal Revision Case No.6 of 2013
ORDER:
This Criminal Revision Case is directed against the order, dated 17.12.2012, passed in Crl.M.P.No.3345 of 2012 on the file of IV Additional Judicial Magistrate of First Class, Kakinada, East Godavari District.
2. The petitioner moved Crl.M.P.No.3345 of 2012 under Section 451 Cr.P.C. before IV Additional Judicial Magistrate of First Class, Kakinada, East Godavari District, for release of the passport. The learned Additional Judicial Magistrate of First Class, on considering the material brought on record and on hearing the counsel appearing for the parties, came to the conclusion that the petitioner is not entitled for return of the passport, and proceeded to dismiss the petition, by order, dated 17.12.2012. Hence, this Criminal Revision Case.
3. Heard learned counsel appearing for the petitioner/accused and perused the order impugned in the revision case.
4. The very filing of the petition by the petitioner under Section 451
Cr.P.C. before IV Additional Judicial Magistrate of First Class, Kakinada, East Godavari District, for return of the passport cannot be considered, since the passport is not seized by the police during the course of investigation. The petitioner deposited the passport in compliance of the condition imposed on him vide order, dated 16.10.2012, passed in Crl.M.P.No.2848 of 2012. If the passport is required, the petitioner has to file an application seeking relaxation of the condition imposed in Crl.M.P.No.2848 of 2012.
5. Accordingly, the Criminal Revision Case is dismissed at the admission stage giving liberty to the petitioner to move an application seeking relaxation of the condition imposed on him with regard to deposit of the passport as ordered by the learned Magistrate in Crl.M.P.No.2848 of 2012, on 16.10.2012.
______________________ B.SESHASAYANA REDDY, J.
Date:22nd January, 2013. cs
THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
Criminal Revision Case No.6 of 2013
Date:2 2 nd January, 2013
Dodla Anantha Reddy
The State of A.P.
B.Seshasayana Reddy
As recorded by the court registry
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