CRLRC/2605/2012 of Oguri Subhas Babu, Vs The State of Andhra Pradesh, on 28 December 2012

ORDER:

This Criminal Revision Case is directed against the order, dated21.12.2012, passed in Crl.M.P.No.2366 of 2012 in C.C.No.346 of 2011on the file of II Additional Judicial Magistrate of First Class,Bhimavaram, West Godavari District, whereby and whereunder thelearned Magistrate dismissed the petition filed under Section 452Cr.P.C. seeking return of the passport.

2. The petitioner is A1 in C.C.No.346 of 2011 on the file of IIAdditional Judicial Magistrate of First Class, Bhimavaram, West Godavari District. He faced trial for the offence under Section 498-AIPC and ultimately he has been found not guilty for the said offenceand acquittal came to be recorded by the learned Magistrate, byjudgment, dated 30.11.2012. After judgment of acquittal, the petitionerfiled Crl.M.P.No.2366 of 2012 under Section 452 Cr.P.C. seekingreturn of his passport. The learned Magistrate dismissed theapplication on the ground that time allowed for filing the appeal has notbeen expired. For better appreciation I may refer para.8 of the orderimpugned in the revision case and it is thus:

“8. The court examined the material on record meticulously and thepetitioner submitted his Passport before this Court as per order of the Hon’ble IAdditional Sessions Court, Eluru in Crl.M.P.No.250/2012 in C.C.No.346/2011dt.29.2.2012. The Hon’ble Sessions Court was pleased to direct while grantinganticipatory bail that the petitioner shall submit his Passport to this court tilldisposal of this case. The above C C 346/2011 was ended in acquittal as perjudgment of this court dt.30.11.2012. So far the appeal period is not completed.The learned APP apprehended that if the Passport is returned at this stagebefore appeal period there is every possibility that the petitioner will go abroadso that his presence cannot be secured in appeal. Under these circumstances,this court feels that it is not fit stage to return Passport of petitioner withoutexpiry of appeal period. Further the Passport is deposited as per direction ofthe Hon’ble I Additional Sessions Court, Eluru, this court has no jurisdiction todeal with the return of said Passport. Further as per orders of the Hon’ble IAdditional Sessions Court, the petitioner ordered to submit his Passport to thisCourt till disposal of this case. Merely ending the case in acquittal is notdisposal of the case unless the appeal period is expired. In view of the abovecircumstances and for the reasons stated above this court hold that thepetitioner is not entitled for return of Passport at this stage and accordingly, thepetition is liable to be dismissed. Point is answered accordingly.”

3. As on this day, no appeal stated to have been filed by the Stateassailing the judgment of acquittal, dated 30.11.2012, passed inC.C.No.346 of 2011 on the file of II Additional Judicial Magistrate ofFirst Class, Bhimavaram, West Godavari District. In that view of thematter, I am inclined to order for release of the Passport deposited bythe petitioner in the trial Court subject to his undertaking that he willproduce the same either before the trial Court or before the appellateCourt in the event of appeal being filed.

4. Accordingly, the Criminal Revision Case is allowed setting aside

the order, dated 21.12.2012, passed in Crl.M.P.No.2366 of 2012 inC.C.No.346 of 2011 on the file of II Additional Judicial Magistrate ofFirst Class, Bhimavaram, West Godavari District, and the learnedMagistrate is directed return the Passport to the petitioner, which wasdeposited by him, subject to his undertaking that he will produce thesame either before the trial Court or before the appellate Court in theevent of appeal being filed.

Date:28[th] December, 2012.

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B.SESHASAYANA REDDY, J.

cs

THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY

Criminal Revision Case No.2605 of 2012

Date:28th December, 2012