HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NO.1481 OF 2010 DATE: 18.08.2010 Between: K.Nirmala Devi …… Petitioner. And: K. Harshavardhana Reddy …..Respondent HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NO.1481 OF 2010 ORDER: 1. This revision petition is sought to be filed by the defacto-complainant against order dated 12.08.2010 passed by the XIII Additional Chief Metropolitan Magistrate Mahila Court, Hyderabad in Criminal MP No.1306 of 2007 in C.C.No.284 of 2005, by which the lower court ordered interim custody of the passport belonging to the 2nd respondent/A-1 to him on condition of executing personal bond for Rs.1,00,000/- and depositing like sum in the lower court and on further condition of appearing in the lower court on the next date of hearing and cooperating for trial on subsequent dates of hearing. 2. It is contended by the petitioner’s counsel that the 2nd respondent/A-1 was away from India for the last five years and the case could not be prosecuted for his presence and that ultimately red corner notice was issued and that when A-1 landed in India, he was arrested by the police and his passport was seized. It is further contended that in OP No.76 of 2008, the Family Court granted permanent alimony of Rs.5,00,000/- to the petitioner from A-1 and that A-1 filed appeal against the said order in this court and obtained stay from this court on condition of depositing 50% of the amount and that in spite of it, A-1 did not deposit the said amount of 50% of permanent alimony. If the condition for granting stay imposed by this court was not complying with then the petitioner could have executed that order of granting permanent alimony and should have obtained arrest warrant against A-1 for non payment of the said amount. It is no ground for refusing to hand over A- 1’s passport to him. While returning the passport to A-1, the lower court imposed sufficient conditions to enable that court to proceed with trial on subsequent dates of A-1. I do not find any infirmity in the order passed by the lower court. 3. Hence, the revision petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU, J August 18, 2010 GK HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE NO.1481 OF 2010 Date: 18.08.2010 Gk.