Telangana High Court
Kosana Thirupathi Reddy Praveen Reddy vs The State Of Telanagna on 7 January, 2022
Author: K. Lakshman
Bench: K.Lakshman
THE HON'BLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION NOs.9323 AND 3435 OF 2021
COMMON ORDER:
These Criminal Petitions are filed under Section - 482 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.'). Crl.P.No.9323 of 2021 is filed by the petitioner/Accused No.1 to quash the order dated 09.07.2021 passed in Crl.M.P.No.51 of 2021 in S.C.No.1044 of 2020 by the I Additional Assistant Sessions Judge-cum-Chief Metropolitan Magistrate, Cyberabad at L.B.Nagar, and grant interim custody of the passport bearing No.P8313839 of the petitioner to him, enabling him to travel abroad. The petitioner herein is Accused No.1 in S.C.No.1044 of 2020. The offences alleged against the petitioner herein are under Sections 420, 468, 471 and 370-A of IPC and under Section 5 of the Immoral Traffic (Prevention) Act, 1956 ( for short, 'the Act') and under Section 24(1)(B) of Emigration Act, 1983.
2. The Crl.P.No.3435 of 2021 is filed by Accused No.2 in the said Sessions Case to quash the order dated 08.04.2021 in Crl.M.P.No.14 of 2021. The offences alleged against him are under Sections 420, 468 and 471 of IPC and under Section 24(1)(B) of Emigration Act, 1983.
3. Heard Sri K.Venumadhav, and Sri T.L.Nayan Kumar, learned counsel for the petitioners, learned Public Prosecutor for the 1st respondent - State. Perused the record. 2
4. The allegations against the petitioner herein in Crl.P.No.9323 of 2021 are cheating, forgery, fraud without permission of Emigration and exploitation of women, women trafficking and procuring women for sake of prostitution. During the course of investigation in Cr.No.183 of 2021 (S.C.No.1044 of 2020), the Police, Medipally Police Station, Rachakonda Commissionerate, seized the passport of the petitioner herein. Therefore, the petitioner herein/A.1 has filed a petition under Section 451 of the Cr.P.C. in Cr.No.183 of 2021 in S.C.No.1044 of 2020 seeking interim custody of the passport on the ground that he is doing business of getting Air Travel Ticket having valid licence for running the said business in the name and style of 'Mary Holidays' as well as 'Hindustan Tours and Travels'. For his business purpose, he wants to visit Iraq to renew his residence.
5. The allegations against the petitioner herein in Crl.P.No.3435 are cheating, forgery, fraud and acting as recruiting agent for providing employment without valid certificate. During the course of investigation in Cr.No.183 of 2021 in S.C.No.1044 of 2020, the Police, Medipally Police Station, Rachakonda Commissionerate, seized the passport of the petitioner herein. Therefore, the petitioner herein/A.2 has filed a petition under Section 451 of the Cr.P.C. in Cr.No.183 of 2021 in S.C.No.1044 of 2020 seeking interim custody of the passport on the ground that he is doing international business and for his business purpose, he has to visit 3 oversees and due to seizure of his passport, he is unable to do his business which causing him huge loss.
6. The said petitions were opposed by the prosecution on the ground that the allegations leveled against the petitioners herein are serious in nature and they have not filed any documents in support of their contentions for granting interim custody of the passports. There is every possibility of the petitioners to escape from the jurisdiction of the Court below and the trial in S.C.No.1044 of 2020 cannot be proceeded with.
7. Considering the said facts, the Court below has dismissed the said applications vide impugned orders dated 19.01.2021 and 08.04.2021 on the ground that there is every possibility of the petitioners remain at abroad and they may not cooperate with the trial Court to proceed with the Sessions Case and every possibility to escape from the jurisdiction of the Court below.
8. As discussed supra, prima facie, there are serious allegations of cheating, forgery, fraud without permission of emigration and exploitation of women, women trafficking and procuring women for sake of prostitution against the petitioners. The Police have registered a case in Cr.No.183 of 2020 for the aforesaid offences against the petitioners herein. The Investigating Officer, after completion of the investigation, has filed charge sheet and the same was taken on file as S.C.No.1044 of 2020.
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9. As per the procedure in any Sessions Case, Court will fix schedule of trial and the petitioners have to appear before the said Court. Perusal of the petitions filed by the petitioners, the petitioners herein did not specifically mention reasons for their travel abroad except saying that one has to renew his residence and the other has to visit abroad. The said grounds are not satisfactory and convincing to grant interim custody of the passports to the petitioners, more particularly, in view of the serious allegations leveled against them. Moreover, there is every possibility of the petitioners to escape from the jurisdiction of the Sessions Court and hamper the proceedings in S.C.No.1044 of 2020. Therefore, according to this Court, the Court below rightly dismissed the petitions vide Crl.M.P.No.51 of 2021 by the impugned order dated 19.07.2021 and Crl.M.P.No.14 of 2021 vide impugned order dated 08.04.2021 in S.C.No.1044 of 2020. There is no error in the impugned orders and they are reasoned orders. Thus the petitioners herein fail to make out any case to interfere with the impugned orders passed by the Court below and the same are liable to be dismissed.
10. Therefore, these Criminal Petitions are dismissed.
11. Miscellaneous petitions, if any, pending, shall stand closed.
___________________ K. LAKSHMAN, J Date:07.01.2022 vvr