APHC010483892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1004 OF 2025 Revision filed under Sections 438 and 442 of B.N.S.S praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Revision Case, the High Court may be pleased to allow the present Criminal Revision by setting aside the Order dated 06-09-2025 passed by the Court of the IV Additional Civil Judge (Junior Division)-cum-SpeciaI Judicial Magistrate of First Class (Excise) Eluru, passed in CrI.M.P.Nos.1826 and 1827 of 2025 in Crime Nos. 197 of 2018 and 72 of 2017 of Pedavegi Police Station by permitting the petitioner to leave abroad for a period of 60 days. Between: Kotari Ramachandra Rao, S/o.Late Abbaiah, aged about 70 years, R/o.Kondalaraopaiem Village, Pedavegi Mandal, Eluru District. ...Petitioner/Accused No.1 AND The State of Andhra Pradesh, through S.H.O, Pedavegi Police Station Eluru District, Rep. by its Public Prosecutor, High Court at Amaravathi. ...Respondent/Complainant Counsel for the Petitioner: Sri Prabhu Nath Vasireddy Counsel for the Respondent: Public Prosecutor The Court made the following: APHC010483892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■■s [3521] 0? MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL revision CASE NO: 1004/2025 Between: Kotari Ramachandra Rao ...PETITIONER AND The State Of Andhra Pradesh Counsel for the Petitioner: 1.PRABHU NATH VASIREDDY Counsel for the Respondent: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: ...RESPONDENT Criminal revision case has been preferred under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, BNSS’), challenging the common order dated 06.09.2025 passed in CrI.M.P. No. 1826 of 2025 in Crime No.197 of 2018 and CrI.M.P. No.1827 of 2025 in Crime No.72 of 2017 by the learned IV Additional Civil Judge (Junior Division)- Special Judicial Magistrate of First Class (Excise), Eluru, rejecting the cum- 2 petitioner’s request to travel abroad for a period of 60 days to see his daughter and to provide some treatment. ' 2. The petitioner has been arraigned as an accused in Crime No. 197 of 2018 and Crime No.72 of 2017, both on the file of Pedavegi Police Station, Eluru District. The petitioner has produced a document issued by the Superintendent of Police, Eluru, West Godavari, stating that in Crime No.287 of 2013 of Eluru Rural Police Station, the case was dropped oh 06.11.2013, and in Crime No.112 of 2014 of Pedavegi Police Station, the referred to as false on 25.1T2014. With respect to Crime No.72 of 2017 and Crime No. 197 of 2018 on the file of Pedavegi Police Station, this Court, in W.P. No. 13623 of 2017, stayed further proceedings in Crime No.72 of 2017. case was 3. Even though the petitioner is arraigned as an accused in two crimes, in one crime there is a stay operating as of now. The petitioner has got a right to leave abroad for a certain purpose. Leaving abroad is also- recognized as fundamental right under Article 21 of the Constitution of India by virtue of the judgment of the Hon’ble Apex Court in Maneka Gandhi v. Union of lndia\ 4. The petitioner, in his petition, submits that his daughter met with accident and that his presence with her is necessary to ensure that she would receive better treatment, which appears convincing and reasonable, petitioner is permitted to travel abroad for a limited period and return prejudice would be caused to the investigation. an If the no '(1978) 1 see 248 3 5. The learned Assistant Public Prosecutor submits that the investigating officer attempted to serve a notice contemplated under Section 41-A of ‘the Cr.P.C.,’ on the petitioner in connection with Crime No.197 of 2018 of Pedavegi Police Station, but the petitioner refused to receive the said notice. The cases pertain to the years 2017 and 20l8. By this time much water has I been flown. If the petitioner is permitted to travel abroad for a limited period and return, no interference would be caused to the progress of the investigation, as it has already been pending for more than seven or eight years. 6. In the result, the petition is allowed, permitting the petitioner to travel abroad from 24.09.2025 for a period of sixty (60) days. The petitioner shall file an affidavit before the learned IV Additional Civil Judge (Junior Division)-cum- Special Judicial Magistrate of First Class (Excise), Eluru, furnishing the details of his itinerary and an undertaking that he would return to India immediately upon the expiry of the said sixty (60) days. There shall be no order as to Costs. As a sequel, interlocutory applications, if any pending, shall stand closed. Sd/- G. SRINIVASA REDDY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The IV Additional Civil Judge (Junior Division)-cum-Special Judicial Magistrate of First Class (Excise) Eluru, West Godavari District. (With records if any) 2. The Station House Officer, Pedavegi Police Station, West Godavari District. 3. One CC to Sri Prabhu Nath Vasireddy, Advocate [OPUC] 4. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravati. 6. Two CD Copies BSV sree HIGH COURT DATED:22/09/2025 ORDER CRLRC NO. 1004 OF 2025 Si 2 2 SEP 2025 )S) V ^JvQyrrent Sectiopx^'^ ALLOWING THE CRIMINAL REVISION CASE WITHOUT COSTS