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Judgment
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the record.
Petitioner herein is A-1 in C.C.No.2018 of 2019 pending on the file of the XV Addl. Chief Metropolitan Magistrate (Mahila Court) at Hyderabad, XIII Addl. Chief Metropolitan Magistrate at Hyderabad FAC XV Addl. Chief Metropolitan Magistrate at Hyderabad. The offences alleged against the petitioner herein / A-1 are under Sections 498-A, 406 and 506 of IPC and Sections 4 and 6 of Dowry Prohibition Act.
The petitioner herein had filed an application under section 451 of Cr.P.C., vide Crl.M.P.No.503 of 2021 in C.C.No.2018 of 2019 seeking return of his passport on imposition of certain conditions. Vide order dated 07-01-2022, learned Magistrate has allowed the said application partly and granted interim custody of passport on imposition of certain conditions including the condition that the petitioner has to appear on 24-01-2022 for his first appearance and recording his examination under section 239 of Cr.P.C.
Sri. G. Eashwaraiah, learned counsel for the petitioner would submit that the petitioner was present on 24-01-2022 for the purpose of said examination under Section 239 of Cr.P.C., but the learned Magistrate insisted the presence of other accused and did not examine the petitioner under Section 239 of Cr.P.C.
Learned counsel for the petitioner would submit that the petitioner /Accused No.1 has to leave U.K. for his employment next week or otherwise he is going to loose his job. According to him, C.C. is posted to 29-03-2022 and the petitioner is ready to comply with all the conditions imposed by the learned Magistrate in the impugned order on 07-01-2022. In view of the insistence of presence of other accused, the petitioner got stuck.
In view of the said specific submissions made by the learned counsel that the petitioner herein is ready to comply all other conditions, C.C. is posted to 29-03-2022 and that the petitioner has to leave for abroad next week, this Civil Revision Petition is disposed of, directing the learned XV Addl. Chief Metropolitan Magistrate (Mahila Court) at Hyderabad, XIII Addl. Chief Metropolitan Magistrate at Hyderabad FAC XV Addl. Chief Metropolitan Magistrate at Hyderabad, to pre-pone the said proceedings in C.C.No.2018 of 2019 to 28-02-2022 for the purpose of examination of the petitioner / A-1 under Section 239 of Cr.P.C., in accordance with law. The other conditions imposed by the learned Magistrate in the impugned order remained un-altered. However, LOC, if any, issued against the petitioner/Accused No.1 in relation to the subject Crime No.128 of 2018 pending on the file of the Women Police Station, Charminar, Hyderabad City or C.C.No.2018 of 2019 pending on the file of the XV Addl. Chief Metropolitan Magistrate (Mahila Court) at Hyderabad, XIII Addl. Chief Metropolitan Magistrate at Hyderabad FAC XV Addl. Chief Metropolitan Magistrate at Hyderabad, shall be kept in abeyance for the period of one year i.e., upto 23-01-2023. However the petitioner shall cooperate with the trail court in disposal of the said C.C.
Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.