IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1003 of 2008 Between: Saleha Begum @ Nusrath, W/o. Mohd. Yousuf Khan, R/o. 12-2-458/7/A, Opp : Amba Theater, Mehdipatnam, Hyderabad. ..... PETITIONER AND Station House Officer, Womens Police Station, C.C.S., Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more particularly in the nature of Writ of mandamus declaring the action of respondent in keeping it passport of petitioner as illegal and without any jurisdition and direct the respondent to return it pass-port to the petitioner may also be pleased to grant Counsel for the Petitioner:MR.S.S.PERVAIZ Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: In this Writ Petition, petitioner seeks a direction by way of Mandamus to declare the action of the respondent-Station House Officer, Womens Police Station, CCS., Hyderabad, in keeping her passport with them as illegal and arbitrary and to direct the respondent to return the same. The daughter-in-law of the petitioner, one Smt. Farheen Khatoon, has filed a private complaint before the XIII Additional Metropolitan Magistrate (Mahila Court), Hyderabad, against her husband Mohammed Osman Khan and five others for the offences punishable under Section 498-A , 324 r/w 34 IPC and Sections 4 and 6 of the Dowry Prohibition Act. The said complaint was referred for investigation to the respondent, who registered the same as Crime No.430 of 2005. It is the grievance of the petitioner that at the time of her release on bail, the respondent has seized her passport and is not returning the same. It is further stated that she is in requirement of the said passport to plan her Huz pilgrimage and that no steps have been taken so far although complaint was filed in the year 2005. In the counter-affidavit filed by the respondent, it is stated that after completing the investigation in Crime No.430 of 2005, final report was filed and the case was numbered as C.C.No.135 of 2007, which is coming up for trial on 12-03-2008. Apropos the allegation of the petitioner that passport is retained by the respondent, it is averred in the counter-affidavit that no such passport has been seized and the allegation is false. The learned Counsel appearing for the petitioner submits that aforesaid statement made by the respondent in the counter-affidavit be recorded and the Writ Petition be disposed of. In view of the statement made by the respondent that the petitioner’s passport has not at all been seized and a final report has already been filed in Crime No.430 of 2005, I do not find any merit in this Writ Petition. The Writ Petition is, accordingly, disposed of. No costs. __________________ (R.Subhash Reddy, J) 21st February, 2008 lur ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Station House Officer, Womens Police Station, C.C.S., Hyderabad. 2.2CCs to the G.P. for Home 3.2CD copies