Disposed

Sri.P.Pavan Kumar Raju v. The State of Telangana and another

Telangana HC25 Jan 2023CRLP/11534/2022

Case brief

AI extract

What is this about?

Petitioner accused filed Criminal Petition under S. 482 CrPC to set aside dismissal order and seek relaxation of foreign travel restriction. Court allowed petitioner to appear on 24.02.2023 on depositing passport, directing Magistrate to handle future travel applications.

What did the court decide?

Petitioner permitted to appear on 24.02.2023 upon deposit of passport; Magistrate to pass orders on future travel applications.

Sri.P.Pavan Kumar Raju Vs The State of Telangana and another — Bail and Remand | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY ,THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENOER

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CRIMINAL PETITION NO: '11534 OF 2022

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Between:

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Sri.P.Pavan Kumar Raju, S/o.P.S.N.Raju, Aged.32 years, Occ.Software Engineer, r/o.Flat No.401, Surendra Heavens Apartments, Aghamaiah Nagar, Chintalakunta, LB Nagar, Hyderabad-500074. Rep. by GPA Sri. Penmatasa Suryanarayana Ralu,

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..Petitioner/Accused No.1

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AND

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'1. The State of Telangana, Rep. through its Public Prosecutor. High Court and Hyderabad.

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.-.Res pondenUComplainant

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Smt.G.Deepthi Chandrika, Wo.P.Pavan Kumar Raju, D/o.G. Ramachandra Raj u, Aged.27 years, Occ.Housewife, r/o.Flat No,402, Smarina Heights Apartments, Yousufguda Basti, Madura Nagar, Near Ratnadeep Super N{arket, Hyderabad-s00045

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...RespondenUdefacto Complainant

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Petition under Section 482 of Cr.P.C praylng that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be^pleased to allow the above Criminal Petition by way of relaxation the order of dismrssal daled 17/1012022 passed by the Xlll Additional Chief Metropolitan Magistrate, Hyderabad in Crl.M.P.No.1856 ol 2022 in C.C.No.536 ot 2021, relaxing the condition imposed on 41812022 ordering restriction on foreign travel by the^petitioner herein, without^permission of the Court.

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l.A. NO: t 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^permit Penmatasa Suryanarayana Raju to represent the above Criminal Petition on behalf of the Petitioner, in the interest ofjustice.

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I.A. NO: 2 OF 2022

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Petition under Section 482 of Cr.P.C^praying that in the circurnstances stated in the Memorandum of Grounds of Criminal Petition, the^High Court may^{be pleased} to suspend the operation of the condition imposing restriction on the foreign travel of the Petitioner, order dated 2310312022^passed by the Xlll Additional Chief^{MetropolitanMagistrate,} Hyderabad in CC.No.536 of 2021 .

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This Petition coming on for hearing, upon^perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S VANI ,Advocate for the Petitioner and the Addl. Public Prosecutor on behalf of the Respondent No.1 and Sri A. Krishnam Raju on behalf of the Respondent No.2.

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The Court made the following: ORDER

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THE HON()(IRABLE SRI .IUSTICE K.SURENDER

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CRIMINAL PETITION No. 11534 OF 2022

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ORDER:

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Thrs Crimirral Petitron is llled under Section 482 of the Code ol Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/A1 to set aside the order of dismissal dt.17.1O.2022 passed by the XIII Additional Chief Metropolitan Magistrate, Hvdcrabad, in Crl.M.P.No.1B56 of 2022 in C.C.No.536 of 2O21 liled bir the petitioner hereir-r to reiax the condition imposed on the peiitioner restricting his foreign lravel in the order dt.23 O3.2o22.

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent State. Perused the record.

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The petitioner is accused No.1 who is the husband of the 2,d respondcnt. Basing on tl-re complaint, the Police investigated the case and also filed charge sheet. Non-bailable warrants u,ere issued since the petitioner was not available. The petitioner filed an application seeking re-calling of the nonbailable u,arrants ald the same was allou,ed on 23.03.2022

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subject to the condition that the petitioner shall not travel outside the countr_r'rrithout permission ol the Court

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However, the order dt.l7 .10.2022 passed by the learned Magistrate was not endorsed on the docl:et of the CC that petitioner was not permitted to travel without permission.

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Learned Counsel for the petitioner would submit that since there was no endorsement on the docket of the CC, the petitioner did not knolr, about the condition which w'as imposed not to travel outside the country, otheru,ise he vi ould have taken permission from the Magistrate Court before travelling. His travel to US was only on account of not having knowledge of such condition being imposed. He further submits that petitioner is scheduled to return and appear before the concerned Court on 24.O2.2023.

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In the aforesaid facts and circumstances, it is made ciear that upon such appearance of the petitioner before the concerned Court on 24.O2.2O23, the Court shall proceed with framing of charges in the said case. However, the Passport of the petitioner shall be deposited before the concerned Court. In the event of the petitioner making application for travel before

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I I

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the concerned Court, the Magistrate shall pass appropriate

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orders and returl the passport.

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7 Accordingl.r , the Criminal petition is disposed off.

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Miscellaneous applications pending, if any, shall stand

closed.

,TRUE COPY//

Sd/- A.V.S.PRASAD ASSISTANT REGISTRAR qb

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SECTION OFFICER

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To,

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The XV Metropolitan Magistrate, At Hyderabad .

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The Station House Officer, Women Police Station, CCs, DD, Hyderabad City.

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Two CC to the Addl. Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

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One CC to Sri S.Vani , Advocate [OPUC]

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Two CD Copies

BJLB

NJB

HIGH COURT

KS,J

DATED:25/01/202:l

ORDE R

CRLP.No.1 1534 of 20 22

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CRIMINAL PETITION IS DISPOSED OF

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Sri.P.Pavan Kumar Raju v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

Sri.P.Pavan Kumar Raju v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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