The High Court · 2025

1. The State of Telangana, Rep by its Public Prosecutor, High Court of Telangana at Hyderabad.

2. Huda Nishat, D/o. Mohd Abdul Aleem, Aged about 2g years, occ: Not known to the petitioner, R/o16-2-51/6, Akber bagh, Malakpet, Hyderabad. ... RESPON DENT/COM PLAI NANT Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Petition, the High Court may be pleased to set aside the orders passed in Crl. M.P. No. 3955 of 2022 in (Crime No. 525) of 2021 in C.C.No. 5146 of 2023 dt 31 .12.2022 on the file of the Honble Xlll th Chief Metropolitan Magistrate at Hyderabad. 'Criminal l.A. NO: 1 OF 2025 Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to release security deposit amount Rs. 5,00,000 vide Receipt No. 699434 dt 02.01 .2023 in Crl.M.P.No. 3955 of 2022 in (Crime No. 525 of 2021) in C.C. No. 5146 of 2023 dt 31 .12.2022 on the file of the Hon'ble Xlll th Chief Metropolitan Magistrate at Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P. Giri Krishna representing G. Naresh Kumar, Advocate for the Petitioner and the Additional Public Prosecutor for the state of Telangana on behalf of the Respondent No.1 and None Appeared for Respondent No.2 in both Crl.Petitions. a The Court made the following: COMMON ORDER I IN THE HIGH COURT FOR THE STATE OF TELANGANA ERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRTMTNAL PETITION Nos.15812 and 15829 of2025 Date: 10.12.2025 Between: Uzma Tarannaum @Uzma Tarannum AND ...Petitioner The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad and another ..Respondents COMMON ORDER These Criminal Petitions have been filed seeking a direction to the XIII Chief Metropolitan Magistmte, Hyderabad, to refund the security deposit amount of Rs.10,00,000/-, which was deposited by the petitioner/accused No.5 in compliance with the a conditions imposed by the learned trial Court in Crl.M.P.Nos.3783 and 3955 of 2022 in C.C. No.5146 of 2023, dated 31.12.2022.

2. Heard Mr.P.Giri Krishna, learned counsel representing Mr.G.Naresh Kumar, learned counsel for the petitioner and '_ -'_--.--.---* l ! I t: i I l, 1 i i l 2 Mr.Jithendar Rao Veeramalla, learned Additional Public Prosecutor for respondent No. [.

3. During the course of hearing, learned counsel for the petitioner submitted that the petitioner is not seeking any relief against respondent No.2, and that respondent No.2 is not a necessary party to these two Criminal Petitions. Respondent No.2 was made only a proforma respondent. In view of the same, the petitioner seeks to withdraw the Criminal Petitions insofar as respondent No.2 is concerned

4. Learned counse[ for the petitioner submits that petitioner is arrayed as accused No.5 in C.C.No.5146 of 2023 (Crime No. 525 of 2021 on the file of P.S. Saidabad, Hyderabad), on the file of XIII Additional Metropolitan Magistrate, Hyderabad, registered for the offences under Sections 420, 406,'498-A and 506 rlw 34 of IPC, Sections 3 and 4 of the Dowry Prohibition Act, and Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act,

2019. In the said crime, the petitioner filed two applications, namely crl.M.P.Nos.3783 and 3955 of 2022, seeking permission to travel to Doha, Qatar for a period of three months and for return of her passport to facilitate such travel. The learned XIII Additional Metropolitan Magistrate, H \ \ yderabad, while allowing the said \ \ (' 3 applications on 31.12.2022, imposed several conditions, one of which directed the petitioner/accused No.5 to execute a personal bond for a sum of Rs.5,00,000/- with one surety to the satisfaction of the trial Court in each application.

5. Pursuant to the said order, the petitioner/accused No.5 deposited Rs.5,00,000/- in each application, totaling Rs.10,00,000/-. The petitioner has complied with the other conditions as wel[. The amounts continue to remain with the Court. Learned counsel further submits that the petitioner has already returned to tndia and has deposited her passport before the trial Court. The petitioner is presently prosecuting the main C.C.No 5146 of 2023. Unless this Court directs the learned trial Court to refund the said amount deposited by the petitioner, she will be put to great hardship

6. Learned Additional Public Prosecutor submits that the n petitioner, without approaching the trial Court and filing the necessary applications there, has straightaway approached this Court by filing the present Criminal Petition and the same is not maintainable under law. 4

7. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner deposited an amount of Rs.5,00,000/- in each of the applications, namery - crl.M.P.Nos.3783 and 3955 of 2022, pursuant to the order dated

31.12-2022. Even according to the learned counsel for the petitioner, the petitioner has complied with the other conditions, and the amounts are presently lying with the trial court, while the petitioner is prosecuting the case in c.c.No.5146 of 2023. The above submission has not been disputed by the learned Additional Public Prosecutor.

8. Taking into consideration the above said facts and crrcumstances of the case, this court is inclined to allow the criminal Petition and accordingly directs the learned xlII Additional chief Metroporitan Magistrate, Hyderabad, to refund the amount of Rs. 10,00,000/- deposited by the petitioner pursuant to the order dared 31.12.2022 in crl.M.p.Nos.37g3 and 3955 of 2022!,after obtaining necessary authorization from the petitioner. a 9 with the above direction, these criminal petitions z*e disposed of. \ \ \ (- 5 Pending miscellaneous applications, if any, shall stand closed. To SD/. AHMED ABDULLA KHAN ASSISTANT REGISTRAR 6 //TRUE COPY// SECTION OFFICER

1. The Xlll Chief Metropolitan Magistrate at Hyderabad. 2. The Station House Officer, Saidabad Police Station, Hyderabad 3. Two CCs to the Public Prosecutor, High court for the state of Telangana, at Hyderabad TOUTI -Sri. 4. Oire CC to 5. Two CD Copies Pr/PSL Naresh Kumar Gorige, Advocate [OPUC] I HIGH COURT ATED: 1011212025 GOMMON ORDER CRLP.Nos.15812 AND 15829 0F 2025 THE S t o * 2 ? ,iiri Zili.f * DISPOSING OF THESE CRL.PETITION'S / ? o