Konduru Ramesh vs The State Of Telangana
2022 Latest Caselaw 3600 Tel

       HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA

            CRIMINAL PETITION No.6031 OF 2022

ORDER:

Heard the submission of Sri Sharath Tadakamalla, learned

counsel for the petitioner as well as the learned Assistant Public

Prosecutor who is representing the respondent.

2. Challenge in this Criminal Petition is the order that is

rendered by the Court of I Additional Metropolitan Sessions

Judge, Hyderabad in CrlMP.No.130 of 2022 in CC.No.7 of 2021

dated 21.6.2022.

3. By the material available on record, what could be perceived

is that the petitioner who is arrayed as accused No.12 in C.C.No.7

of 2001 that is pending on the file of the Court of I Additional

Metropolitan Sessions Judge, Hyderabad moved an application

vide CrlMP.No.130 of 2022 seeking custody of his passport for two

reasons, viz., (1) to get renewal of passport and (2) to leave the

country. The said CrlMP was dismissed by the trial Court.

Aggrieved by the same, the petitioner is before this Court.

4. Learned counsel for the petitioner submits that the

Calendar Case is of the year 2001 and since 20 years, the

petitioner is cooperating with the Court during the trial process

Dr. CSL, J CrlPNo.6031 of 2022

and therefore, the trial Court ought to have allowed the petitioner

to get the passport renewed and to go abroad.

5. Per contra, learned Assistant Public Prosecutor stated that

as the trial proceedings are in progress, the trial Court rightly

negatived the request of the petitioner.

6. A perusal of the impugned order discloses that the trial

Court denied to honour the request of the petitioner mainly on the

ground that the matter is coming up for 313 Cr.P.C. examination

of the accused and that there is every chance of the petitioner

fleeing away from the process of law.

7. When the matter is coming up for 313 Cr.P.C. examination,

the next process on completion of 313 Cr.P.C. examination would

be to hear the contentions of both parties and then to render

judgment. Admittedly, the accused are under obligation to answer

the incriminating material that is brought on record by the

prosecution through the evidence it produces. Answering the

incriminating material that is brought on record is essential for

the accused. Therefore, the trial Court has rightly dishonoured

the request of the petitioner. However, taking into consideration

the submission that the trial proceedings in the said Calendar

Dr. CSL, J CrlPNo.6031 of 2022

Case are in progress since 20 years, this Court considers it

desirable to dispose of this Criminal Petition by directing the trial

Court to speed up the process of trial and to dispose of the said

Calendar Case on merits time bound

8. Resultantly, this Criminal Petition is disposed of with the

following direction:-

The Court of I Additional Metropolitan Sessions Judge,

Hyderabad is directed to dispose of CC.No.7 of 2001 that is

pending on the file of the said Court within a period of two

months from the date of receipt of a copy of this order.

9. As a sequel, miscellaneous petitions pending, if any, shall

stand closed.

________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 11.07.2022 dr