THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.7703 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner – accused No.1 seeking to set aside the order dated 01.04.2025 passed in Crl.M.P.No.617 of 2025 in Crime No.35 of 2019 by the learned VII Additional Chief Judicial Magistrate at Hyderabad (for short ‘the trial Court’) and return the cash alleged to have been seized from accused No.1.

2. Heard the submissions of Sri Mohammed Abdul Kalam Siddiqui, learned counsel for the petitioner and Smt.Shalini Shekshana, learned Assistant Public Prosecutor for respondent No.1 – State.

3. The learned petitioner counsel submits that the proceedings against accused No.1 were quashed by a Bench of this Court vide orders dated 05.09.2024 in Criminal Petition No.5651 of 2024. The offences alleged against the petitioner under Sections 420, 467, 468 and 471 of the Indian Penal Code, 12(1)(B) of Passport Act, 1967, were quashed by this Court. Pursuant to the said quash orders, the petitioner has filed a petition under Section 451 read with Section 457 of Criminal Procedure Code, 1973 before the trial Court for return of property i.e. net cash of Rs.2,97,000/-, two cell phones and original passport bearing No.P4468983, that was seized by the police as a part of investigation. The trial Court having heard the matter and on perusal of the record, has partly allowed the said petition and returned two mobile phones and also the passport to the petitioner but has dismissed the order against the return of cash i.e. Rs.2,97,000/-. He further argued that when the matter itself has been quashed against the petitioner herein, who is not facing any other charges leveled by the prosecution, then there is no point in withholding the cash pertaining to the petitioner herein and that the trial Court has passed an erroneous order. He therefore, prayed to set aside the said order and release his amount lying in the Court.

4. The learned Assistant Public Prosecutor has submitted that the proceedings against accused No.1 are only quashed and that the prosecution is still proceeding against accused Nos.2 and 3 and that the police have not yet filed the charge sheet in the present case and therefore, the trial Court has rightly withheld the amount, she therefore, prayed to dismiss the petition.

5. Perused the record.

6. The record reveals that the petitioner herein is accused No.1 in Crime No.35 of 2019 on the file of P.S.Saidabad. The allegations point out that the petitioner along with few others are alleged to have deceived the de facto complainant stating that they would process the VISA to Canada and that subsequently, the de facto complainant raised suspicion and lodged a complaint against the petitioner and others. During the course of investigation, the police have seized certain property from the petitioner-accused No.1 i.e. two mobile phones, the original passport bearing No.P4468983 and cash of Rs.2,97,000/-.

7. The petitioner has filed a petition before this Court vide Crl.P.No.5651 of 2024 to quash the proceedings against him and subsequently, when the de facto complainant has agreed to compound the offences, the petitioner has filed Crl.M.P.Nos.4 and 5 and hence, the matter ended in a compromise. Therefore, this Court recorded the compromise and allowed the said petitions on payment of costs of Rs.5,000/- to the Director, Sainik Welfare, Hyderabad and Rs.5,000/- to the Telangana High Court Advocates Association, Hyderabad. Thus, the allegations leveled by the prosecution in Crime No.35 of 2019 against the petitioner herein were quashed.

8. Pursuant to the said orders, the petitioner has filed Crl.M.P.No.617 of 2025 before the trial Court to release the property lying in the Court in his favour, but the trial Court vide its order dated 01.04.2025 has released his mobile phones and passport but has withheld the cash.

9. This Court, finds no merit in withholding the cash pertaining to the petitioner. The remand case diary also shows tha