Allowed

Athluri Rama Chaitanya v. The State of Telangana

Telangana HC3 Feb 2023CRLRC/82/2023

Case brief

AI extract

What is this about?

The High Court allowed an application for extension of the time limit to surrender the petitioner's passport held in the custody of the trial court for POCSO offences, conditioning it on the filing of the charge sheet or a date in December 2024.

What did the court decide?

The time to surrender the petitioner's passport (No. 560891817) is extended until December 2024 or the filing of the charge sheet, whichever is earlier.

Athluri Rama Chaitanya Vs The State of… — Child Sexual Offences (POCSO) | Telangana HC (2023)

¶1

[³²⁵⁴ ]

¶2

HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD

¶3

TUESDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE DR. JUSTICE G.RADHA^RANI

¶6

l.A.No. 1 OF 2024!N Crl.R.C.N os: 82 AND 80^{OF 2023}

¶7

l.A.No. 1 ot 2O24 in Crl.RC.No.^{82 ot 2023}

¶8

Between:

¶9

Athluri Rama Chaitanya, S/o A. Satyanarayana,^{aged about 45 years'} .Occ. Computer Engineer, Fi/o Plot No. C/12,^{Road No. 9, Film Nagar, Jubilee Hills,} Hyderabad, N7o H. No. 11-23-24OSl1 Deshaipet,^{Warangal, TelanganaState.}

¶10

Residing in 2808, Grand Oaks, Loop, Cedar^{Park, Tx} -^{786'13' USA}

¶11

...Petitioner/Accused No.2

¶12

AND

¶13

The State of Telangana, Rep. by Public^{ProsecutorThrough PS CCS' DD,} High Cou( at Hyderabad

¶14

... Res pondenUCom plaina nt

¶15

Petition under Section 482 of Cr.P.C^praying thatⁱⁿ the^{circumstances} stated in the affidavit filed in support of the^petition, the^{High Court maybe} pleased to extend the time to surrender the^passport of the^petitioner bearing^No. 560891817 to the Special Judge for Trial of^{Cases under Protection of Children} from Sexual Offences (POCSO) Act cum Xll Additional^{Metropolitan Sessions} J udge, Hyde ra bad f rom 08.O2.2024 lo 08.02.2025.

¶16

l.A.No. 1 ot 2O24 in Crl.RC.No. 80 ot 2023

¶17

Between:

¶18

Athluri Rama Chaitanya, S/o A. Satyanarayana, aged about^{45 years,Occ.} Computer Engineer, Rl/o Plot No. Ci12, Road No.9, Film Nagar,^{JubileeHills,} Hyderabad, N/o H. No. 11-23-240511 Deshaipet, Warangal, Telangana State.

¶19

Residing in 2808, Grand Oaks, Loop, Cedar Park, Tx - 78613, USA

¶20

..Petitioner/Accused No.2

¶21

AND

¶22

The State of Telangana, Rep. by Public Prosecutor Through PS CCS, DD, High Court at Hyderabad

¶23

...RespondenUComplainant

¶24

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the time to surrender the passport of the petitioner bearing No. 560891817 to the Special Judge for Trial of Cases under Protection of Children from Sexual Offences (POCSO) Act cum Xll Additional Metropolitan Sessions Judge, Hyderabad from 08.02.2024 to 08.02.2025.

¶25

Counsel for the Petitioner : Sri B. Ravindra Babu (in both)

¶26

Counsel for the Respondent : Additional Public Prosecutor (in both) The Court made the following: ORDER

¶27

This application is filed by the petitioner/accused No.2 to extend the time to surrender his passport bearing No.560891817 to the Special Judge for trial of cases under protection of Children from Sexual Offences (POCSO) AcGcum-Xll Additional Metropolitan Sessions Judge, Hyderabad, issued for interim custody for a period of one year from O8.O2.2O23 to 08.02.2024.

¶28

Heard Sri B. Ravindra Babu, learned counsel for the petitioner and learned Additional Public Prosecutor.

¶29

The learned counsel for the petitioner would submit that the petitioner was a citizen and resident of the United States of America and his passport was surrendered as per the order dated 17.01 .2023 passed in Crl.M.P.No.445 of 2O22 in Crime No.169 of 2021 of CCS DD, Hyderabad, by the Xll Additional Metropolitan Sessions Judge, Special Judge for POCSO Cases, Hyderabad. Vide order dated 03.02.2023 passed in Criminal RC. Nos.80 and 82 of 2023, this Court directed the trial Court to handover the passport of the petitioner bearing No.560891817 for interim custody for a period of one year from the date

¶30

of its^{handing over it to the petitioner'on his furnishinga personalbond} for Rs.1,00,000/-^{(RupeesOne Lakh)with one surety for like sum' in} each^{of the crime' The passportwas handed over to the petitioneron} O8.O2.2O23^{and the one year periodwas going to be expiredby} o8.02.2024-The^{learned counsel for the petitionerfurther:*Tlt:i tTl.,:"} petitioner^{and he undertookaproject work for some private} organizations^{on contract basis in USA with an understandingto} complete^{the project within the stipulated period'He entered into an} agreement^{on 01'05'2023 with his client for the projectof Business} Development^{Consulting Service including Digital Marketing and Search} Engine^{Optimization and to complete the project within eighteen (18)} months.^{He has to complete the prolect by the end of October'2023' but} it was^{delaYed bY four (04) months'}

¶31

Learned^{counsel for the petitioner furthersubmittedthat in fact the} petitioner^{sent a mail'daled 22'O1 '2024' to his client Austur Corporation} seeking^{extensionof the deadline of the contract on the ground that he} need to^{travel to lndia' The said Austur Corporationby its mail' dated} 22.01 -2024,^{expressed their inability to extendthe deadline of the} contract^{and requested the petitioner to postponehis traveland} complete^{the work' He further submits that due to the work compulsion'} the^{petitionerwas not in a position to travel to lndia and surrenderhis} passport,^{as such prayedthis Court for extensionof time to surrender} the PassPort'

¶32

Learned^{AdditionalPublic Prosecutoropposed extension of the} time to^{surrenderthe passport' but' submittedthat charge sheet is not} yet filed^{till date'}

¶33

Hence, considering that the investigation^{is not yet completed and} charge sheet not filed, it is considered fit to^{extend the time to surrender} the passport of the^petitioner till December, 2024 or till^{filing of the} charge sheet, whichever is earlier.

¶34

+n!

¶35

Accordingly, the application is allowed and the time to surrender the^passport of the^petitioner bearing No. 560891817^{is extended till} December, 2Q24 or till filing of the charge sheet,^{whicheveris earlier.}

¶36

Sd/- M. MANJULA DEPUTY REGI TRAR //TRUE COPY// I

SECTION OFFICER

To,

The Xll Additional Metropolitan Sessions Judge for the Trial of Cases under Protection of Children from Sexual Offences (POCSO) Act, Hyderabad.

¶41

The Station House Officer, Jubilee Hills Police Station, Hyderabad District.

¶42

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

¶43

One CC to Sri B. Ravindra Babu, Advocate IOPUCI

¶44

Two GD Copies

njb '}/

HIGH COURT

DATED:0610212024

ORDER

l.A.No.l ot 2024 in CRLRC.Nos.82 & 80 of 2023

¶51

1 rrE STrrf e _,:,.;,L It
( o,<. ii'i*; .'.t,t!4(
z
oq]
0 I rEB z$Zt
.L

oEs PAT C
,:,
''.,
'r:' ' 'i,;

¶52

EXTENDING THE TIME

¶53

F<br>

Athluri Rama Chaitanya v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Athluri Rama Chaitanya v. The State of Telangana

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

Coram

Case details

Similar cases

Merugu Rajinikar Reddy Vs The State of Telangana and another

Maddelavada Bhaskar Vs The State of Telangana

Maddelavada Bhasker and another Vs The State of Telangana and another

Mohammed Shoeb Vs The State of Talangana and another

Athluri Rama Chaitanya Vs The State of Telangana

Smt. Nazmeen sultana, Vs The State of Telangana