High CourtsSingle Bench(2022) 06 TEL CK 0087

Mohammed Anser Jaleel vs State Of Telangana

Telangana High Court · Decided on 23 June 2022

HON’BLE JUDGES
K. Lakshman, J
RESULT
Disposed Of
CASE NUMBER
Criminal Petition Nos. 5213, 5263, 5313 Of 2022

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Judgment

9 paragraphs · 508 words
1.

Heard learned counsel for the petitioner and learned Public Prosecutor for the State. Perused the record.

2.

Perusal of the record would reveal that the petitioner herein is A-1 in C.C.No.382 of 2013 pending on the file of XIII Addl. Chief Metropolitan Magistrate (Mahila Court) at Hyderabad. The offences alleged against the petitioner herein are under Sections 498-A and 406 of IPC and Sections 4 and 6 of Dowry Prohibition Act.

3.

The petitioner herein had filed an application vide Crl.M.P.No.635 of 2022 to enlarge him on bail in C.C.382 of 2013. He had also filed Crl.M.P.No.632 of 2022 seeking permission to travel abroad. The petitioner herein had also filed an application vide Crl.M.P.No.633 of 2022 seeking return of his passport. Learned XIII Addl. Chief Metropolitan Magistrate (Mahila Court) at Hyderabad vide impugned orders all dated 12-05-2022 allowed the said 3 applications partly on imposition of certain conditions including the condition that the petitioner herein shall appear before the Court below on the next date of hearing i.e., on 24-06-2022 and redeposit his passport. Failing to comply the said condition, the said petitions stand cancelled by following next step according to law.

4.

Learned counsel for the petitioner would submit that the petitioner herein is in Qatar at present on his employment. He has deposited the said Passport with the employer, which is one of the conditions for all the employees. If the petitioner fails to comply with the said condition, he is going to lose his job there. Therefore, the petitioner herein is not in a position to come to India and appear before the Court below on 24-06-2022 and he seeks six (6) months time from today.

5.

As discussed supra, the Calendar Case is of the year 2013. He has not obtained bail during the crime. Other accused in the said C.C. are family members of the petitioner herein. Therefore, he was arrested on 01-05-2022 when he landed in Rajiv Gandhi International Airport, Shamshabad, Hyderabad.

6.

According to learned counsel for the petitioner, the said Calendar Case is posted for appearance. He has specifically mentioned about his employment particulars and his difficulties in appearing before the Court below on 24-06-2022.

7.

Considering the fact that the Calendar Case is of the year 2013, this Court is not inclined to grant six (6) months time to the petitioner herein to appear before the Court below in the said Calendar Case. However, in view of the peculiar facts and circumstances of the case, the time granted by the Court below in all the above said orders is extended by three (3) months from today. Therefore, the petitioner herein shall appear before the Court below on 20-09-2022 and re-deposit the Passport before the Court below. Petitioner shall cooperate with the trial Court in disposal of the Calendar Case. The trial Court shall dispose of the said Calendar Case, in accordance with law, within two (2) months thereafter.

8.

Accordingly, these Criminal Petition are disposed of.

Miscellaneous petitions, if any, pending in these criminal petitions, shall stand closed.