Telangana High Court
Mubashir Faizuddin Mohammed Khaled, vs The State Of Telangana on 15 September, 2022
Author: D. Nagarjun
Bench: D. Nagarjun
THE HONOURABLE DR. JUSTICE D. NAGARJUN
CRIMINAL PETITION No.8286 OF 2022
ORDER:
This criminal petition is filed under Section 451 read with Section 482 of the Code of Criminal Procedure by the petitioner- accused No.3 seeking a direction to the XIV Metropolitan Magistrate, Cyberabad at Rajendranagar to grant interim custody of the petitioner's passport bearing No.N6970499, which was seized in PRC No.93 of 2022 arising out of Crime No.1782 of 2020 of Rajendranagar Police Station, enabling the petitioner to renew his passport.
2. The facts in brief as can be gathered from the record available before the Court are as under:
a) On 27.10.2020 at 2.30 hours the respondent No.2-de-facto complainant lodged a complaint before Rajendranagar Police Station alleging that on 27.10.2020 at about 1.14 PM six unknown persons wearing burqa have entered into the apartment next to Excise Academy of his brother Dr. Behjath Hussain and forcibly kidnapped him and fled away in Car bearing No.AP 9Y 0031. Later they received a voice message from No.601136183837, which is not clear. 2
b) Based on the said complaint, a case in Crime No.1782 of 2020 was registered for the offence under Section 363 of the Indian Penal Code. After completion of investigation, the Police concerned have filed charge sheet, which was numbered as PRC No.93 of 2022, the cognizance of which was taken for the offence under Sections 120-B, 363, 364-A, 394 read with Section 34 of the Indian Penal Code.
c) The petitioner herein is arraigned as accused No.3 in the above said case. During the course of investigation, accused No.9 was apprehended on 27.10.2020 and on interrogation, he has confessed that he along with other accused including the petitioner has committed the offence. The petitioner herein was arrested on and his passport was seized and deposited in learned XIV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar. The petitioner was granted bail on 18.11.2020.
d) The petitioner has filed an application vide Crl.M.P.No.409 of 2022 in Crime No.1782 of 2020 seeking interim custody of his passport before the learned XIV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar but the said petition was dismissed.
The petitioner - accused No.3 has filed Criminal Petition Nos.6490 and 6491 of 2022 interim custody of passport and to permission to leave the country and to travel to Australia but the said petitions were dismissed by the High Court on 27.07.2022. 3
3. It is submitted by the learned counsel for the petitioner that the validity of the passport bearing No.N6970499 of the petitioner is till 10-10-20022 and if the passport is not renewed, it would be difficult for the petitioner to renew after expiry of the passport. It is further submitted that the after renewal of his passport, the petitioner will deposit the same before the Court and he undertakes that he would not leave the country and custody of the passport is only for the purpose of renewal.
4. Heard Sri T.Pradyumna Kumar Reddy, learned senior counsel representing Mr.T.Anirudh Reddy, learned counsel on record for the petitioner and the learned Assistant Public Prosecutor and perused the record, including the order of the trial Court and common order passed in CRLP Nos.6490 of 6491 of 2022.
5. Now the point for determination is:
"Whether the passport can be handed over to the petitioner for interim custody for the purpose of renewal?
6. On perusal of the record, it is clear that during the course of investigation, the passport of the petitioner was seized by the Police concerned and the petition filed by the petitioner under Section 451 of the Code of Criminal Procedure for return of passport was dismissed by the trial Court. It is also pertinent to note that the 4 criminal petitions filed by the petitioner before the High Court were also dismissed on the ground that allegations leveled against the petitioner are grave in nature and granting permission to leave the country is undesirable.
7. There is no dispute that a criminal case has been filed against the petitioner in Crime No.1782 of 2020 for the offence under Sections 120-B, 363, 364-A, 394 read with Section 34 of the Indian Penal Code and the same is still pending as PRC No.93 of 2022. The request of the petitioner to permit him to leave India to go to Australia while he was on bail, was dismissed by the trial Court as well as High Court. It is probable that in case if the passport is handed over to the petitioner and it is renewed, the petitioner may likely to leave the country.
8. However, as seen from the photocopy of the passport bearing No.N6970499 of the petitioner, it is valid upto 10.10.2022 and now the petitioner is seeking interim custody of the passport only for the purpose of renewal. Apart from that the petitioner-accused No.3 is ready to give an undertaking to deposit the passport before the trial Court immediately after renewal and that he would not leave the country. Since passport of the petitioner is going to be expired on 11.10.2022, the same has to be renewed before its expiry. According to learned senior counsel for the petitioner, the petitioner is not 5 intending to leave the country, as his request to leave the country was already declined.
9. Learned Assistant Public Prosecutor has submitted that in case if the petitioner is giving undertaking that he will not leave the country, this Court can consider the request.
10. Considering the submissions made by the learned senior counsel for the petitioner and on perusal of the documents and on hearing the learned Assistant Public Prosecutor, it is a fit case to dispose of the case with certain directions to the trial Court.
11. Accordingly, the criminal petition is disposed of, with the following directions:
i) The Petitioner is directed to give an undertaking before the learned XIV Metropolitan Magistrate, Cyberabad at Rajendranagar stating that as per the orders of the High Court in Criminal Petition Nos.6490 and 6491 of 2022, he shall not leave the county even after passport bearing No.N6970499 is handed over to him for interim custody only for the purpose of renewal at Australian Consulate in India.
ii) Having satisfied with such undertaking given by the petitioner, the learned XIV Metropolitan Magistrate, Cyberabad at 6 Rajendranagar is directed to hand over the Australian passport bearing No.N6970499 under proper acknowledgement to the petitioner for interim custody enabling the petitioner to renew his Australian passport bearing No.N6970499 in India.
iii) After submitting for renewal, the petitioner is directed to file a memo before the learned XIV Metropolitan Magistrate, Cyberabad at Rajendranagar showing the date of submission of passport before the Australian Consulate.
iv) On receipt of renewed passport, the petitioner is directed to deposit the same before the learned XIV Metropolitan Magistrate, Cyberabad at Rajendranagar immediately without losing any time.
As a sequel, the miscellaneous Petitions, pending if any, shall stand closed.
_____________________ Dr. D. NAGARJUN, J Date: 15.09.2022 AS Copy to:
The Australian Consulate for information in India