Telangana High Court
Srikanth Prasad Thallapragada vs The State Of Telangana, on 23 December, 2022
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.45813 OF 2022
ORDER :
The petitioner is aggrieved by the action of the 3rd respondent- Station House Officer, Women Police Station, CCS, DD, Hyderabad, in seizing his passport bearing No.S3839572 during the course of enquiry in Crime No.973 of 2021 of Women Police Station, CCS, DD, Hyderabad, registered for the offences under Sections 498-A, 406 and 506 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner seeks for a consequential direction to the 3rd respondent to return his original passport and to set aside the Lookout Circular (LOC) issued against him.
2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home, and perused the material available on record.
3. Learned counsel for the petitioner submitted that notice under Section 41-A of Cr.P.C was issued to the petitioner on 15.03.2022 and the petitioner has responded to the said notice. Learned counsel pointed out that the 3rd respondent, having imposed a condition that the petitioner should not leave the country without prior permission of the Court, illegally seized the passport of the petitioner. 2
BVR,J W.P.No.45813_2022
4. Learned Assistant Government Pleader for Home submitted that the passport of the petitioner was deposited before the XII Additional Chief Metropolitan Magistrate, Nampally, in C.C.No.9129 of 2022 arising out of Crime No.973 of 2021 of Women Police Station, CCS, DD, Hyderabad.
5. In view of the fact that the petitioner has responded to the notice issued under Section 41-A Cr.P.C and there is no restriction order as of now passed by the trial Court for the petitioner's travelling out of the country and also the urgency expressed by the learned counsel for the petitioner that the petitioner intends to travel to Australia for the purpose of his employment, the LOC, if any, opened against the petitioner shall stand suspended for a period of three (03) months. The petitioner shall give undertaking before the trial Court that he will appear in CC.No.9129 of 2022 as and when required. The petitioner shall also inform his residential and office/employer address in Australia from time to time. After expiry of three months period, the petitioner is given liberty to seek permission of the trial Court to continue stay in Australia or travel back to India. Such application shall be decided on merits. As and when such permission is granted to the 3 BVR,J W.P.No.45813_2022 petitioner, the learned Magistrate shall simultaneously pass orders suspending LOC, if any opened against the petitioner.
6. Accordingly, the writ petition is disposed of. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.
____________________ B. VIJAYSEN REDDY, J 23.12.2022 vv