IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD THURSDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.8445 OF 2008 Between: Shaik Ismail @ Jabeer …Petitioner A n d The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad and another ..Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.8445 OF 2008 ORDER: This criminal petition is filed under Section 482 Cr.P.C., assailing the order dated 06.12.2008 in Cr.No.50 of 2008 of Penagalur Police Station, on the file of the Judicial Magistrate of the First Class, Nandalur, which was taken cognizance by the learned Magistrate in C.C.No.120 of 2008. 2. Heard both sides. Perused the record. 3. The petitioner is accused of offences under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition. It is stated that investigation is since completed and charge sheet is also filed. The petitioner filed un-numbered Crl.M.P under Section 451 Cr.P.C seeking return of the passport, which was seized during the course of investigation. The learned Magistrate, by the impugned order dated 06.12.2008 returned the said application, observing that the passport is required until disposal of the case. 4. Admittedly, the petitioner intends to go to Kuwait to resume his livelihood there as a shopkeeper. If the passport is returned at this stage, there is every possibility of the petitioner leaving for Kuwait and not returning and thereby he becomes inaccessible to the process of law. 5. Under those circumstances, the impugned order, returning the application, does not call for any interference, as the passport cannot be returned at this stage when the trial is pending. However, having regard to the fact that the charge sheet was filed in the year 2008, the learned Magistrate is directed to dispose of the case at an early date, preferably within a period of four months from the date of receipt of a copy of this order, by considering the possibility of splitting up the case against the petitioner in the event of other accused not being available. 6. In the result, the criminal petition is ordered accordingly. ____________________ G.V.SEETHAPATHY, J 15th December, 2011 Lrkm