HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6433 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused, under Section 482 Cr.P.C., seeking to quash the order dated 30.04.2011 passed by the III Addl. Chief Metropolitan Magistrate, Gajuwaka, in Crl.M.P.No.905 of 2011 in Crime No.65 of 2011 of Steel Plant P.S., Gajuwaka, Visakhapatnam District, and to release the gate pass for interim custody. Heard both sides and perused the record. The impugned order runs as follows: “The petitioner/accused submitted that he is working as contract labour in Visakhapatnam Steel Plant, as such, the gate pass is essential for his attendance in duty. If the gate pass is in the custody of the Court, he cannot perform his duty and prayed this Court to give the gate pass for interim custody. Learned A.P.P. strongly opposed this application. The gate pass which the petitioner wants to receive back is no other than the evidence piece collected by the prosecution. If the gate pass is returned to the petitioner, there is every chance of tampering the same, more over, if really he is private contractor of Steel Plant, certainly, he can get another gate pass through his contractor. Therefore, this Court declined to allow this petition. Hence, petition is dismissed.” On perusal of the record, this Court is of the view that the learned trial Judge has rightly dismissed the petition on the ground that the gate pass would be a piece of evidence for the prosecution. Further, the said gate pass has lapsed on 13.2.2011 and, hence, nothing survives for adjudication in the case. Accordingly, the Criminal Petition is dismissed and the Miscellaneous Petitions, if any, shall stand closed. _____________ RAJA ELANGO, J 2nd August, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.6433 of 2011 (Dismissed) 2nd August, 2011 cbs