THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.12892 of 2010 ORDER: The petitioner is A-1 in Crime No.235 of 2010 registered by the Police of Malkajgiri Police Station for the offences punishable under Section 498-A and under Sections 3 and 4 of the Dowry Prohibition Act. When he was arrested and remanded to judicial custody, he filed application seeking bail in Criminal Petition No.4089 of 2010 before the X Metropolitan Magistrate, Malkajgiri, Cyberabad, who by his order, dated 18.06.2010, released the petitioner on bail, on his furnishing a bond in a sum of Rs.5,000/- with two sureties each for the like sum. Further, the Court below directed the petitioner not to leave the country without the permission of the Court and to deposit his passport before it. Accordingly, the petitioner deposited his passport and was released. After investigation, a charge sheet was filed and the same is numbered as C.C.No.798 of 2010 on the file of the X Metropolitan Magistrate, Cyberabad. In the light of completion of the investigation and filing of the charge sheet, the petitioner moved the Court below for return of his passport, but, however, it appears that the said petition was returned by the Office with endorsement “how the petition is maintainable” and as such, the petitioner approached this Court and filed the present Criminal Petition. Heard both sides. In my considered view, this Criminal Petition is not maintainable for the reason that the petitioner should have submitted his explanation to the said office objection of the Court below and should have re-presented the petition. Instead of doing so, the petitioner straightaway approached this Court and invoked the jurisdiction of this Court under Section 482 Cr.P.C. For the foregoing reasons, this Criminal Petition is dismissed, with a direction to the petitioner to approach the Court below and submit his explanation to the said office objection as to the maintainability of the said petition and re-present the petition, upon which, the Court below shall consider the same and pass appropriate orders in accordance with law. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 24th December 2010 DR