Telangana High Court
CRLP/11905/2022 of Smt. Kalli Rajamani Vs State of Telangana on 30 December 2022
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENry TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11905 OF 2022 Between: Smt. Kalli Rajamani, Wo Kalli Narsing Rao Aged about 55 years,Occ Housewife, R/o H.
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
[ [3251 ]J
FRIDAY THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENry TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 11905 OF 2022
Between:
Smt. Kalli Rajamani, Wo Kalli Narsing Rao Aged about 55 years,Occ Housewife,R/o H. No. 1-6-226nh, Mohan Nagar, Near Martinet School, Musheerabd,Hyderabad....Petitioner/Accused No. 2R/o H. No. 1-6-226nh, Mohan Nagar, Near Martinet School, Musheerabd,Hyderabad....Petitioner/Accused No. 2
...PETITIONER/ACCUSED No.2
AND
State of Telangana, Rep by Public Prosecutor .Through S.H.O.,P.S.Musheerabad Hyderabad District
...RESPONDENT/COMPLAINANT
Petition under Section 482 o'f Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to direct the Hon'ble 1 st ADDL. Metropolitan Session Judgebe pleased to direct the Hon'ble 1 st ADDL. Metropolitan Session JudgeHyderabad to return the passport of the petitioner.
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri K.Grounds of Criminal Petition and upon hearing the arguments of Sri K.SIDDARTH REDDY, Advocate for the Petitioner and the Additional PublicProsecutor on behalf of the Respondent No. 1 .Prosecutor on behalf of the Respondent No. 1 .
The Court made the following:
THE HONOURABLE SRI JUSTICE K.SURENDERCRIMINAL PETITION No.11905 OF 2022
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ORDER:
This Criminal Petition is filed under Section 482 of Codeof Criminal Procedure, 1973 (for shoft "Cr.P.Ct seekingdirection to the I Additional Metropolitan Sessions Judge,Hyderabad, to return the passport of the petitioner - AccusedNo.2.
2. Heard learned counsel for the petitioner and learnedAdditional Public Prosecutor for the State - respondent.Perused the record.
3. On the basis of the complaint lodged by the 2ndrespondent - de facto complainant, FIR No.31B of 2010 wasregistered against the Accused and after completion ofinvestigation, charge sheet was filed before the XVII AdditionalChief Metropolitan Magistrate, Hyderabad, vide P.R.C.No.12 of2012 and the same was Jransferred to the I AdditionalMetropolitan Sessions Judge, Hy!f3!ad vide S.C.No.163 of
2018. After completion of trial, the Sessions Judge hadacquitted all the accuse d on 10.Ll.2022.
4. During the course of investigation, the passpoft of petitioner-Accused No.2 was seized by the police. As thepetitioner was acquitted of all the charges, she filed a petitionunder Section 452 of Cr.p.C. seeking return of her passport, butthe said petition was returned by the I Additionar MetroporitanSessions Judge, Hyderabad, stating that the appeal period hasnot been completed.petitioner was acquitted of all the charges, she filed a petitionunder Section 452 of Cr.p.C. seeking return of her passport, butthe said petition was returned by the I Additionar MetroporitanSessions Judge, Hyderabad, stating that the appeal period hasnot been completed.
5. Since the petitioner - Accused No.2 was already acquitted of all the charges alleged against her by the I AdditionalMetropolitan Sessions Judge, Hyderabad, there is no necessityto keep the passport in the possession of the Court.
6. Accordingly, the Criminal petition is allowed, directing the I Additional Metropolitan Sessions Judge, Hyderabad, to returnthe passpoft of petitioner - Accused No.2.
7. Accordingly, the Criminal petition is allowed.
Miscellaneous applications pending, if any, shall stand closed.
Sd/-I.NAGA [LAKSHMI]DEPUTY REGI
/TTRUE COPY//
SECTION OFFICER
To,
1. The I Additional [Metropolitan Sessions Judge, Hyderabad]5. Z. fn" fne XVtt SGtion Addl. [Houru ][Chief Metropolitan Magistrate' Nampally' ][Officer, ][Chikkidpally ][Division, ][Musheerabad ][Hyderabad ]^ [Police][.]Station, HYderabad.5. Z. fn" fne XVtt SGtion Addl. [Houru ][Chief Metropolitan Magistrate' Nampally' ][Officer, ][Chikkidpally ][Division, ][Musheerabad ][Hyderabad ]^ [Police][.]Station, HYderabad.
+. i*o cbrio the [public ][prosecutor, High ][court ][for ][the state ][of Telangana, ][at]Hyderabad [(OUT).]Hyderabad [(OUT).]
S. O'ne CC to bri [K. ][SIDDARTH REDDY, Advocate [OPUC]]
6. Two CD CoPiesDl-plp
HIGH COURTDATED:3O112120221 [E ][STAT€]<aI12 lrN [2s8]c)ORDERoo*{-CRLP.No.11905 of 2O22!'r.r'-.t*
CRMINAL PETITION IS A]-LOWED.
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