Disposed

Sowjanya v. The State of T.S. and Another

Telangana HC6 Jul 2022CRLP/4979/2022

Case brief

AI extract

What is this about?

This criminal petition under Section 482 CrPC sought to set aside an order dismissing an application to impound the accused's passport. The High Court upheld the lower court's view on lack of power to impound passports directly but granted alternative directions to prevent the accused from leaving the country without permission before disposing of the main petition.

What did the court decide?

Directions issued to the trial court to secure an undertaking from the accused not to leave the country without intimation and to collect passport particulars.

Sowjanya Vs The State of T.S. and Another — Service and Employment | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

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AT HYDERABAD

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WEDNESDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DT. JUSTICE CHILLAKUR SUMALATHA

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cRIMINAL PETITION NO: 4979 OF 2022

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Between:

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Sowjanya, Wo. Lakshman Priyatham,^Age 30P^{years,Occ.Housewife,} R/o.H.No.29-186/ 1, New Vidya Nagar^Colony, K. Puram, Neredmet Old P.S., Secunderabad-500056.

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...Petitioner/Defacto Complainant

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AND

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1 The State of T.S. Rep. by Public Prosecutor,^{High Court, Hyderabad.}

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...RespondenUComplainant

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Rallapally Lakshman Priyatham, S/o.R.Sampath^{Kumar, Aged 30 years,Occ.} Pvt. Employee, Rl/o.H.No.44, Ground Floor, 5th^{cross LIC Colony, Jayanagar,} 3rd Block East, Bangalore-O'l 1, Karnataka^State.

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...Respondent No.2/Accused No.1

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Petition under Section 482 of^{Cr.P.C praying that in the circumstances} stated in the Memorandum of Grounds of^{Criminal Petition, the High Court may be} pleased to quash the order passed in Crl.lVlP.No.B9 of 2022 in C.C.No.250B of 2021 , dt.O2l06l2O22 an the file of the XVlll Additional^{MetropolitanMagistrate,} Cyberabad at Malkajgiri and consequently direct^{the respondent No.2 to deposit} his passport before the Hon'ble XVlll Addl. Metropolitan^{Magistrate, Cyberabadat} Malkajgiri and direct the respondent No.2 not to^leave the^{countrywithout} permission of the Hon'ble XVlll Addl. Ivletropolitan l/agistrate, Cyberabad at Malkajgiri.

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l.A. NO: 'l OF 2022

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Petition under Section 482 of Cr.P.C^{praying that in} the^{circumstances} stated in the Memorandum of Grounds of Criminal Petition,^{the High Court may be} pleased to set aside the order passed in Crl.l,tl.P.No.89 of 2022ⁱⁿ C.C.No.2508/2O21 , d1.0210612022 on the file of^{the Hon'ble XVlll Addl.}

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MetropolitanMagistrate,CyberabadatMalkajgiriandconsequentlydirectthe direct the respondenl^{No.2 to deposit his passport beforethe Hon'ble xvlll Addl.} MetropolitanMagistrate,CyberabadatMalkajgirianddirecttherespondentNo.2 not to leave the^{country without permissionof the Hon'blexvlll Addl. Metropolitan} Magistrate, Cyberabad^{at Malkajgiri, pending disposalof the main criminalpetition-}

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This Petition^{coming on for hearing, uponperusingthe Memorandum of} Grounds of criminal^{Petitionand upon hearingthe arguments of sri Sattor} Raghavender Goud,^{Advocate for the Petitioner and the Public Prosecutor (TG) on} behalf of the^{Respondent No.1and sri G. Madhusudhan Rao, Advocate for the} Respondent No.2.

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The Court made the^{following: ORDER}

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.4979 of 2022

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ORDER:

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Heard the submission of learned counsel for^the petitioner as well as learned Assistant^{Publ'icProsecutor.} Having regard to limited question^{involved,notice to} respondent No.2 is not felt necessary.

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Seeking to set aside the order that is^{passed by the} Court of I Additional Judicial Magistrate of^{First Class} cum-XVIII Additional Metropolitan Magistrate,^Cyberabad at Malkajgiri in Cr1.M.P.No.B9 of 2022 in^{C.C.No.25O8 of} 2O2l dated 02.06.2022, this application^{is filed.}

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By the material available on record, what could^be perceived is that the case was registered against the 2"4 respondent herein and others that they have^committed offences punishable under Sections 498-,{, 506 IPC and Sections 3 and 4 of D.P.Act. The defacto complainant is the petitioner herein. Subsequently, a charge sheet was filed

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Dr.CSL, J Crt.P.No.4979 of 2022

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which was taken on lile and was numbered as C.C.No.250B of 2021. In the said calendar case, the petitioner herein moved an application under Section 104 Cr.p.C seeking the Court to direct the 2"rl respondent/accused No.1 to deposit his passport. The said petition was dismissed on 02.06.2022. The observation of the Court is that the Court does not have any power to direct the accused to deposit the passport.

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Learned counsel for the petitioner submits that in case 2.d respondent/accused No.l leaves the country, he ca,not be brought back in the normal course and the triar proceedings '"r,ould be stalled and, therefore, the defacto complainant sought the Court to order the 2nd respondent/accused No.1 to deposit his passport, but the said request was not honoured. Section lO4 Cr.p.C gives power to the Court to impound any document that 1S produced before it when it needs fit to do so. However, the said provision is not applicable for directing the accused to deposit the passport. However, considering the justification

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Dr.CSL, J Crl.P.No.4979 of 2022

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in the submission of the learned counsel for the petitioner that in case 2nd respondent/accused No.1 leaves the country, it would not be possible ordinarily for just disposal of the case, in a time bound manner, this Court considers desirable to dispose of the criminal petition following directions: -

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a) The )nd respondent/accused No.1 shall give an undertaking before the Court of I Additional Judicial Magistrate of First Class-cum-XVIII Additional Metropolitan Magistrate, Cyberabad at Malkajgiri that he would not leave the country without prior intimation to the Court.

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b) He shall also furnish his residential address particulars of the place where he intends to reside in case he leaves the country. The date on which he intends to leave the country and the date on which he would be returning to the country shall also be informed.

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c) The passport particulars and a copy of passport shall also be filed before the concerned Court.

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Dr.CSL, J Crl.P.No.4979 of 2O22

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d) The Court of I Additional Judicial Magistrate of First Class-cum XVIII Additional Metropolitan Magistrate, Cyberabad at Malkajgiri is directed to collect the above information and particulars from respondent No.2/accused No. 1

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With the above directions, this criminal petition is disposed of

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Resultantly, this criminal petition is disposed of. No

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costs.

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As a sequel, pending Miscellaneous Applications, if

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any, shall stand closed.

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SD/. T. JAYASREE ASISSTANT REGISTRAR //rRUE COPYil 6,)

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SECTTON OFFICER

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To,

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'1. The I Additional Junior civir.Judgq 9um XVilr Additionar Metroporitan

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^^{Magi_strate,Cyberabadat Malkajgiri.}

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The Station Hbuse officer, Nerecrhet porice Station, Kushiaguda Division, Rachakonda Commisserate.

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One CC to Sri Sattor Raghavender Goud, Advocate tOpUCl

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!.^{One CC to Sri G. Madh_usudhan} Rao, Advocate tCipUCl'

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Two ccs to the^{pubricprosecutor,} nigh court roi the'stail'of rerangana at Hyderabad. [OUTI

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Two CD Copies

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One Spare Copy

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HIGH COURT

DATED: 0610712022

ORDER

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CRL.P.No.4979 ot 2022

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DISPOSING OF THE CRIMINAL PETTTION WITHOUT COSTS @W,

Sowjanya v. The State of T.S. and Another

Case brief

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Sowjanya v. The State of T.S. and Another

Case brief

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