Saride Dhana Vara Prasad vs. The Superintendent Of Customs
Facts
The petitioner, Saride Dhana Vara Prasad, filed a Criminal Petition before the Telangana High Court under Section 482 of the Cr.P.C. The petition sought to modify an order dated July 28, 2023, passed by the Special Judge for Economic Offences, Hyderabad, in Crl.M.P.No.1572 of 2023, arising from HQPOR No. 28 of 2021. The petitioner specifically requested a reduction of the surety amount from Rs. 1,00,000/- with two sureties, and a modification of the trial court's order requiring the deposit of his passport by February 3, 2024. The respondent was the Superintendent of Customs (Preventive), Customs Commissionerate, GST Bhavan, Hyderabad.
Held
The Court noted that the learned counsel for the petitioner sought permission to withdraw the Criminal Petition. The petitioner had also filed a letter to the Registrar (Judicial) requesting withdrawal, citing the availability of an alternative remedy and seeking liberty to file a fresh application before the appropriate forum. The Court, finding merit in the request for withdrawal with liberty to pursue the alternative remedy, accorded permission. Consequently, the Criminal Petition was dismissed as withdrawn with the liberty as prayed for. The Court also ordered that any miscellaneous applications pending in the matter shall stand closed.
Key Issues
1. Whether the High Court should permit the withdrawal of the Criminal Petition filed under Section 482 of the Cr.P.C. seeking modification of the Special Judge's order regarding surety amount and passport deposit? The petitioner argued that he had issued a letter to the Registrar (Judicial) requesting withdrawal of the petition, stating that he had an alternative remedy available and sought liberty to file a fresh application before the appropriate forum. The petitioner's counsel sought permission to withdraw the petition. The respondent, represented by the Public Prosecutor, did not record any specific arguments against the withdrawal in the judgment.
Sections Cited
Section 482
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUE AY THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO:7708 0F 2023 q s ,* ffi Between:
Saride Dhana Vara Prasad, S/o. Saride Subba Rao, aged about +O v&rs, Occ. Tailoring, PUo. 9-22, lragavaram, West Godavari District, Andhra Pradesh. ...PETITIONER/ACCUSED AND 1. The Suoerintendent of Customs ( Preventive), Customs Commiisionerate, GST Bhavan, Basheerbagh, Hyderabad' Rep by its Special Public Prosecutor. High Court for the State of Telangana. Hyderabad. ...RESPONDENT/COMPLAINANT ffi 1.:: Petition under Section 482 of Cr.P-C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Modify the order d1.28-7- 2023 passed the Special Judge for Economic Offences, Hyderabad in Crl.M.P.No.1572 of 2023 in HQPOR No. 28 ot 2021, by reducing the Surety amount from Rs.1,00,000F With two sureties and also modify the order of the trial court for depositing the passport on or before 3-2- 2024 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and
The judgment continues below.
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