APHC010480112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9618/2025 Between: 1. KOLLU RAVEENDRA, S/O. LATE SUBBA RAO, AGED 52 YEARS, HINDU, R/O. D.NO.28/331, CIRCLEPETA, MACHILIPATNAM. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AMARAVATHI, GUNTUR DISTRICT. 2. 2. SUB DIVISIONAL POLICE OFFICER, GANNAVARAM, KRISHNA DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. MALLAVOLU NIKITHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 APHC010480242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9622/2025 Between: 1. KOLLU RAVEENDRA, S/O. LATE SUBBA RAO, AGED 52 YEARS, HINDU, R/O. D.NO.28/331, CIRCLEPETA, MACHILIPATNAM. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AMARAVATHI, GUNTUR DISTRICT. 2. STATION HOUSE OFFICER, SUB INSPECTOR OF POLICE, ROBERTSON PET POLICE STATION. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. MALLAVOLU NIKITHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following 3 COMMON ORDER: Criminal Petition No. 9618 of 2025 has been filed under Section 528 of the BharatiyaNagarik Suraksha Sanhita, 2023 (for short, 'the BNSS'), challenging the order dated 26-06-2025 in Criminal M.P.No. 693 of 2025 in Special S.C.No. 13 of 2024 on the file of the Court of learned Special Judge for trial of cases under the Scheduled Casts and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – cum – X Additional District Judge, Krishna at Machilipatnam (for short, 'learned X ADJ'). 2. Criminal Petition No. 9622 of 2025 has been filed under Section 528 of 'the BNSS' challenging the order dated 12-06-2025 in Criminal M.P.No. 1224 of 2025 in P.R.C.No. 21 of 2023 on the file of the Court of learned II Additional Judicial Magistrate of I Class at Machilipatnam. 3. These two criminal petitions are heard together and disposed of by way of his common order as they are filed by one petitioner although they arise out of two different crimes. 4. In the two impugned orders, both learned trial Courts dismissed the petitions filed by the petitioner under Section 6 (2) (f) of the Passports Act, 1967, refusing to grant no-objection certificate. 5. Case of the petitioner is that he is accused No. 3 in Special S.C.No. 13 of 2024 for the offences punishable under Sections 323 and 506 read with Section 34 IPC and Sections 3 (1) (s) and 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and accused No. 4 in P.R.C.No. 21 of 2023 for the offences under Sections 120-B, 302 and 4 109 read with Section 34 IPC. The petitioner has been elected as a Member of Legislative Assembly from Machilipatnam Assembly Constituency in 2024 General Elections and appointed as Minister in the cabinet of Andhra Pradesh State. His role necessitates frequent foreign travel. He was earlier granted a limited no objection certificate for specific trips. He now sought for a long-term no objection certificate for five or ten years to avoid approaching the Court repeatedly. 6. Heard Ms. M.Nikitha, learned counsel appearing for the petitioner, and learned Assistant Public Prosecutor appearing for the respondent-State. 7. The petitioner is presently serving as Cabinet Minister. He is an elected Member of Legislative Assembly from Machilipatnam Assembly Constituency. The learned X ADJ apprehended absconding of the petitioner if such permission is granted. Learned X ADJ even though cited a decision of this Court in Y.S.Jagan Mohan Reddy v. State of Andhra Pradesh1, wherein a long-term no objection certificate was permitted, it observed that such order was passed under specific circumstances and after a detailed scrutiny by this Court. Learned X ADJ rejected the prayer of the petitioner on the score that he failed to account the details about the purpose, dates, duration and countries intended to visit. Learned X ADJ observed that the request of the petitioner is general and speculative. In Sudheer Reddy Mule v. State of 1 Criminal Petition No. 170 of 2025 dated 07-01-2025 5 Andhra Pradesh2, this Court, in similar circumstances, has given permission for renewal of passport with certain conditions. 8. In Maneka Gandhi v. Union of India3, the Hon'ble Apex Court held that right to travel abroad is recognized as facet of the fundamental right originating from Article 19 of the Constitution of India and it is an integral component of the right to personal liberty under Article 21 of the Constitution of India. 9. In Parvez NoordinLokhandwalla v. State of Maharashtra 4 , the Hon'ble Apex Court held at para No. 24 as under: "Having regard to the genesis of the dispute as well as the issue as to whether the appellant is likely to flee from justice if he were to be permitted to travel to the U.S., we find, on the basis of the previous record of the appellant, that there is no reason for justification to deny him the permission which has been sought to travel to the U.S. for eight weeks." 10. In KartiP.Chidambaram v. State of Madras5, a learned single judge of the High Court of Madras held at para No. 88 as under: "Thus, and also for the reason that the proposal to limit the period of passport is bereft of any reasoning, I see no impediment for the issuance of a passport with regular validity of 10 years and direct the respondent to do so forthwith. The passport, once received by the petitioner, shall immediately be surrendered to the Court in whose possession it has been thus far." 11. In Paramjit Singh v. State of Punjab 6 , the Hon'ble Apex Court permitted the petitioner therein to travel abroad, despite pendency of charges, by imposing appropriate conditions. 2 Criminal Petition No. 8013 of 2025 dated 18-08-2025 3 1978 AIR 597 4 AIR 2021 SC 641 5W.P.No. 1190 of 2024 dated 28-03-2024 6 12. The Union of India, having recognized the practical difficulties faced by the individuals in similar situations, issued a Circular in G.S.R.No. 570 (E) dated 25-08-1993 authorizing Courts to grant permission to travel abroad and clarifying that upon such permission being granted, the passport authority may issue or renew a passport notwithstanding pendency of criminal cases. Both learned trial Courts were not supposed to deny the request for travel abroad in a mechanical fashion without examining the possibility of the petitioner absconding from the clutches of law. 13. Considering the facts and circumstances of the case, the request of the petitioner ought to have been considered by both learned trial Courts. The order dated 26-06-2025 in Criminal M.P.No. 693 of 2025 in Special S.C.No. 13 of 2024 on the file of the Court of learned Special Judge for trial of cases under the Scheduled Casts and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – cum – X Additional District Judge, Krishna at Machilipatnam, and the order dated 12-06-2025 in Criminal M.P.No. 1224 of 2025 in P.R.C.No. 21 of 2023 on the file of the Court of learned II Additional Judicial Magistrate of I Class at Machilipatnam, are liable to be set aside and are accordingly set aside. 14. 14. The petitioner is permitted to travel abroad for a continuous period of five years subject to the following conditions: (i) The petitioner herein shall submit an affidavit with all details of itinerary of his abroad visit with necessary proofs like air tickets, 6 2011 Supreme (P & H) 614 7 endorsements on visa and passport, if any, in P.R.C.No. 21 of 2023 before learned II Additional Judicial Magistrate of I Class, Machilipatnam, stating that he would leave India during pendency of the said case and that he would co-operate with the trial Court in concluding the proceedings in the said case; and (ii) The petitioner herein shall submit an affidavit with all details of itinerary of his abroad visit with necessary proofs like air tickets, endorsements on visa and passport, if any, in Special S.C.No. 13 of 2024 before learned Special Judge for trial of cases under the Scheduled Casts and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – cum – X Additional District Judge, Krishna at Machilipatnam, stating that he would leave India during pendency of the said case and that he would co-operate with the trial Court in concluding the proceedings in the said case; and 15. The criminal petitions are accordingly allowed. _______________________ Dr.Y.LAKSHMANA RAO, J. Date:16-09-2025, JSK 8 HONOURABLE Dr.JUSTICE Y.LAKSHMANA RAO CRIMINAL PETITION Nos. 9618 AND 9622 OF 2025 DATE: 16-09-2025 JSK