APHC010480222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9818/2025 Between: Kollu Raveendra, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...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: ORDER: This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS'), challenging the order dated 12.06.2025 in Criminal M.P.No.3 of 2025 in S.T.C.No.526 of 2021 on the file of the Court of learned Special Judicial Second Class Magistrate, Machilipatnam. 2. In the impugned order, the learned trial Court partly allowed the petition filed by the petitioner under Section 6 (2) (F) of the Passports Act, 1967 granted no-objection certificate for a period of four months. 2 6. Case of the Petitioner is that he is accused No.1 in S.T.C.No.526/2021 for the offences punishable under Section 188, 171 H of ‘the I.P.C.’. 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. 7. Heard Ms. M.Nikitha, learned counsel appearing for the Petitioner, and learned Assistant Public Prosecutor appearing for the respondent-State. 8. The petitioner is presently serving as Cabinet Minister. He is an elected Member of Legislative Assembly from Machilipatnam Assembly Constituency. The learned Special Judicial Second Class Magistrate, Machilipatnam apprehended absconding of the petitioner if such permission is granted. Learned Special Judicial Second Class Magistrate, Machilipatnam 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 Special Judicial Second Class Magistrate, Machilipatnam rejected the prayer of the petitioner on the score that he failed to account the details about the purpose, dates, duration and 1 Criminal Petition No. 170 of 2025 dated 07-01-2025 3 countries intended to visit. Learned Special Judicial Second Class Magistrate, Machilipatnam observed that the request of the petitioner is general and speculative. In Sudheer Reddy Mule v. State of Andhra Pradesh2, this Court, in similar circumstances, has given permission for renewal of passport with certain conditions. 9. 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. 10. 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." 11. 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." 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 4 12. 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. 13. 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. 14. Considering the facts and circumstances of the case, the request of the petitioner ought to have been considered by the learned trial Court. The order dated 12.06.2025 in Criminal M.P.No.3 of 2025 in S.T.C.No.526 of 2021 on the file of the Court of learned Special Judicial Second Class Magistrate, Machilipatnam, is liable to be set aside and is accordingly set aside. 15. 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, endorsements on visa and passport, if any, in S.T.C.No.526 of 2021 on the file of the Court of learned Special Judicial Second Class Magistrate, Machilipatnam, 6 2011 Supreme (P & H) 614 5 stating that when he leaves India for abroad during pendency of the said case, he would co-operate with the trial Court in concluding the proceedings at the earliest; 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 S.T.C.No.526 of 2021 on the file of the Court of learned Special Judicial Second Class Magistrate, Machilipatnam, stating that when he leaves India for abroad during pendency of the said case, he would co-operate with the trial Court in concluding the proceedings at the earliest; and iii. 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 S.T.C.No.526 of 2021 on the file of the Court of learned Special Judicial Second Class Magistrate, Machilipatnam, stating that when he leaves India for abroad during pendency of the said case, he would co-operate with the trial Court in concluding the proceedings at the earliest; 16. The Criminal Petition is accordingly allowed. As a sequel thereto, the miscellaneous petitions, if any, pending in this case shall stand closed. _______________________ Dr.Y.LAKSHMANA RAO, J. Date:22.09.2025 S D P 6 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No. 9818 of 2025 Date:22.09.2025 S D P