Allowed

Mohammed Sadiq v. The State of Telangana

Telangana HC14 Oct 2024CRLRC/1033/2024

Case brief

AI extract

What is this about?

High Court allowed a criminal revision seeking to set aside an order returning the petitioner's passport. The Court, noting the petitioner's acquittal found it proper to direct the trial court to release the passport to its satisfaction.

What did the court decide?

Directed the trial court to release the petitioner's passport bearing No.89861719 to its satisfaction in SC No.297 of 2023.

Mohammed Sadiq Vs The State of Telangana — Bail and Remand | Telangana HC (2024)

¶1

[^32ee ]

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

MONDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HON'BLE SRI JUSTICE E.V. VENUGOPAL

¶6

CRIMINAL REVISION CASE No: 1033o1 2024

¶7

criminal Revision filed under section 438 & 442 of BNSS set aside the order dated. 07'05-2024 passed in crt.tvt.p.s.R.No.17s of 2024 in S.c.No.297 of 2023 on the file of the court of the lV Additional Assistant sessions Judge, Ranga Reddy District at L.B,Nagar.

¶8

Between:

¶9

Ygf'"ffng9 _Sadiq,^{S/o Mohammedtsmait,Age: 33 yrs, Occ.} Business, R/o. H.No.12-11-629/tu15, LR Nagar, Secunderabad]

¶10

...Revision Petitioner/Accused No.2

¶11

AND

¶12

The state of_Telang_qna, through pubric prosecutor, High court of rerangana, at Hyderabad. P.S. RGI Airport.

¶13

...Respondent

¶14

lA NO: 1 OF 2024

¶15

Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pleased to direct the trial court to return the passport of petitioner filed in crl.M.P.s.R.No.175 of 2024 in s.c.No.297 of 2023 on the fire of rV Addr. Assistant Sessions Judge, Ranga Reddy District at L.B.Nagar pending disposal of the main petition.

¶16

Counsel for the Petitioner: Mr. Padala Pravin Kumar

¶17

Counsel for the Respondent: Mr. E. Ganesh, Assistant public prosecutor

¶18

The Court made the following: ORDER

I I

I i i I I t i I I

THE HON'BLE SRI JUSTICE^{E.V. VENUGOPAL}

¶23

CRIMINAL REVISION CA^{SE No.1O33OF 2024}

¶24

ORDER:

¶25

This Crinrinal Revision Case^{is filed seekingto set aside the} order dated 07.O5.2024^{in Crl.M.P.S'R.No. 175 of 2024 in S; C No'297} of 2023 on ther file of^{the learnedIV AssistantSessionsJudge, at} L.B.Nagar (for short, "the^{trialCourt").}

¶26

Heard Mr.Padala Pravin^{Kumar, learned counserl for the} petitioner and Mr.E.Ganesh,^{learned AssistantPublicProsecutor} appearing for rr:spondent-State.

¶27

The brief facts of the case are^{that the trial (lourt vide} judgment dated 06.05.2024 in S C.No .297 of 2O23^{acquittr:daccused} Nos.1 and 2 for the offences^{punishable underSiections417} ,^37O, 37O-A, 116 of Indian Penal^{Code (for short, "lPC") and S':ction6 of} the Immoral Traffic^{(Prevention)Act, 1956; acquittedacc:usedNo.3} for the offences under Section^{313 of I.P.C. r/w Se,ction 5 | 1 of I.P.C.} The bail bonds of accused^{Nos. 1 to 3 were directed to remzrin in force} under Section^,137-A of Cr.P.C.^{for a period of six nronths.MOs. I to 3} (cel1 phones) were ordered to^{be confiscated} to^{the: State zrfter expiry} of the appeal period as the accused did^{not clairn the c':11 phones.} The petitioner herein is accused^No.2 in the case. It is^{rstated that} when the petit.oner was implicated in this case, his^{passpcrtbearing} No.S9861719 issued by the Regional Passport Ar^{' --itw-} llyderabad

¶28

¶29

was deposited in this case while granting bail. The petitioner hled an application vide Crl.M.P.S.R.No. 175 of 2024 in S.C.No.297 of 2023 before the trial Court seeking to release his passport. But the said application was returned by the Section, vide S.R.No. 175 of 2024 dated O7.05.2024, by stating that as per the judgment dated 06.05.2024 in S.C.No.297 of 2023, the bail bonds were ro be cancelled after a lapse qf six months from the date of the said judgment. Aggrieved by the same, the petitioner preferred the present Revision.

¶30

Learned counsel for the petitioner submitted that the Honble Supreme Court, in catena of decisions, stated that a criminal case pending against someone cannot be a reason to deny them a passport or renew the passport and that the impugned order is infringing the right of the petitioner to travel abroad to eke out is livelihood. ?herefore, he seeks to aliow the Revision.

¶31

Opposing the same, learned Assistant Public Prosecutor contended that as per the judgment passed by the trial Court, the bail bonds of accused were to remain in force under Section 437-A of Cr.P.C. for a period of six months and permitting the petitioner, to go abroad, at this point of time, by releasing his passport shall ultimately defeat the pu{pose of the judgment. Therefore, he seeks to dismiss the Revision.

¶32

¶33

¶34

Having regard to the submissions^{made by both the learned} counsel and upon considering the^{fact that the petitionel} /accused No.2 is acquitteC by the trial Court,^{on conducting an elab'lratetrial} and as there is no^point in keeping^{the passport in 1-he custcdyof the} Court, this Court deems it ht and^{proper to direct the trial Court to} release the petitioner's pass port bearing^{No.li98617l9 to its} satisfaction in S.C.No.297 of 2023.

¶35

With the above direction, this Criminal^{l?evision Case is} disposed of

¶36

Miscellaneous applications, if any,^{pending strallstand closed}

¶37

To,

¶38

//TRUE COPYII

¶39

Sd/.K. SAILESHI DEPUTY REGI9IRAC d/ SECTION OFFICER

¶40

The lV Additional Assistant

¶41

L.B.Nagar.

¶42

Sessions Judge, Ranga Reddy District at

¶43

2 Two CCs to the public prosecutor, High Court for the ljtate of lelangana at Hyderabad. (OLrT)

¶44

3 One CC to lr4r. f)adala pravin Kumar Advocate tOpUCl

¶45

I 3 One CC to lr4r. f)adala pravin Kumar . 4. Two CD Copies : ob1 '${' - Kam/gh

¶46

HIGH COURT

¶47

DATED:1411012024

¶48

,//^ '| -rF- slli{
./;.'j,
/'+)
l'
4 lrr 2Ul
ti;:]:, ?
{. +
isaircHf-D *

¶49

ORDER

¶50

CRLRC.No.1033 of²⁰²⁴

¶51

DISPOSING OF^CRIMINAL REVISION CASE

¶52

RRs
\
. .,)
Lda-

Mohammed Sadiq v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mohammed Sadiq 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

Parties & counsel

Coram

Case details

Similar cases

Sri. T. Praveen Kumar Vs Smt.G. Sunitha

Dr.P.Namratha ,Neeraja Vs The State of Telangana.,rep.,Pp

Mr B Srinivas Goud Vs The State of Telangana

V Narayana Reddy (Died) Vs The State of Telangana

Mr.Peddadoddi Shankar Vs The State of Telangana

Mallela Naveen Chakravarthi Vs Methari Sushma