IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 9594 OF 2025. 9620 OF 2025 & 9626 OF 2025 CRIMINAL PETITION NO: 9594 OF 2025 APHC010480192025 Between: Kollu Raveendra, S/o. late Subba Rao, Aged 52 years, Hindu D.No.28/331, Circlepeta, Machilipatnam. R/o. ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh Amaravathi, Guntur District. 2. The Station House Officer, Sub Inspector of Police, Pedana Police Station ...Respondents Petition under Section 482 of Cr.P.C and 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased tb set aside the proceedings in CrI.M.P. No. 1378 of 2025 in C.C. No. 1304 of 2020, pending on the file of the learned Judicial Magistrate of I Class Special Mobile Court for Trial of Cases under PCR Act-cum-IX Additional Judicial Magistrate of I Class, Machilipatnam, relating to the alleged offences under Section 188 of the Indian Penal Code and Section 3 of Epidemic Disease Act. ■<s? lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS, praying that in the circumstances stated in the .Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant leave to the petitioner to travel abroad for a continuous period of five years, or in the alternative, for the duration of his tenure as Minister in the Government of Andhra Pradesh. Counsel for the Petitioner: Ms. Mallavolu Nikitha, Advocate Counsel for the Respondents: The Public Prosecutor, High Court of A.P. CRIMINAL PETITION NO: 9620 OF 2025 APHC010479992025 Between: 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. The Station House Officer, Sub Inspector of Police, R.Pet Police Station. ...Respondents Petition filed under Section 482 of Cr.P.C and 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be-pleased to set aside the proceedings in CRL.M.P.No.1223 of 2025 in C.C.No. 1152 of 2020 on the file of II Additional Judicial Magistrate of First Class, Machilipatnam, relating to the alleged offences under Section 341, 188, read with Section 34 of the Indian Penal Code. lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant leave to the petitioner to travel abroad for a continuous period of five years, or in the alternative, for the duration of his tenure as Minister in the Government of Andhra Pradesh. Counsel for the Petitioner: Ms. Mallavolu Nikitha, Advocate Counsel for the Respondents: The Public Prosecutor, High Court of A.P. CRIMINAL PETITION NO: 9626 OF 2025 APHC010480212025 Between: ■r* • ' - Kollu Raveendra, S/o. later^Subba Rao, Aged 52 years, Hindu D.No.28/331, Circlepeta, Machilipatnam. . R/o. ...Petitioner/Accused No.1 AND 1. The State of Andhra PradPsh, Rep. by Public Prosecutor, High Court of Andhra Pradesh Amaravathi, Guntur District. 2. The Station House Officer, Sub Inspector of Police, Inuguduru Police Station. ...Respondents Petition under Section 482 of Cr.P.C and 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased tb'set aside the proceedings in CrI.M.P. No. 1221 of 2025 in C.C. No. 593 of 2021, pending on the file of the learned II Additional Judicial First Class Magistrate, Machilipatnam, relating alleged offences under Sectiorr 35'^ of the Indian Penal Code. to the * lA NO: 1 OF 2025 Petition under Section 482- ^ Cr.P.C and 528 of BNSS the circumstances stated in theiMemorandum of Grounds of Criminal praying that in Petition, the High Court may be pleased to grant leave to the petitioner to travel abroad for a continuous period of five years, or in the alternative, for the duration of his tenure as Minister in the Government of Andhra Pradesh. Counsel for the Petitioner: Ms. Mallavolu Nikitha, Advocate Counsel for the Respondents: The Public Prosecutor, High Court of A.P. The Court made the following order: APHC010480192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3521] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION Nos:9594. 9620 & 9626 of 2025 Crl.P.No.9594 of 2025 Between: 1.KOLLU RAVEENDRA, S/0. LATE SUBBA RAO, AGED 52 YEARS, FLINDU, R/0. 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 PEDANA POLICE STATION ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.MALLAVOLU NIKITHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR Crl.P.No.9620 of 2025 Between: 1.KOLLU RAVEENDRA, S/O. LATE SUBBA RAO, AGED 52 YEARS HINDU, R/0. D.NO.28/331, CIRCLEPETA MACHILIPATNAM. ...PETITIONER/ACCUSED \ 2 AND 1.THE STATE PROSECUTOR, HIGH AMARAVATHI, GUNTUR DISTRICT 2.STATION HOUSE OFFICER, SUB INSPECTOR OF POLICE R PET POLICE STATION OF ANDHRA PRADESH, COURT OF REP. BY PUBLIC ANDHRA PRADESH, ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.MALLAVOLU NIKITHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR Crl.P.No.9626 of 2025 Between: 1.KOLLU RAVEENDRA, S/0. LATE SUBBA RAO, AGED : HINDU, R/0. D.NO.28/331, CIRCLEPETA MACHILIPATNAM. ...PETITIONER/ACCUSED 52 YEARS, AND 1.THE STATE PROSECUTOR, HIGH AMARAVATHI, GUNTUR DISTRICT. 2. STATION HOUSE OFFICER, SUB INSPECTOR OF POLICE INUGUDURU POLICE STATION. OF ANDHRA PRADESH REP. BY PUBLIC ANDHRA PRADESH, COURT OF ...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.9594 of 2025 has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS'), challenging the order dated 09.06.2025 in Criminal M.P.No.1378 of 2025 in C.C.No.1304 of 2020 on the file of the Court of learned Judicial Magistrate of I Class Special Mobile Court for Trial of Cases under PCR Act-cum-IX Additional Judicial Magistrate of I Class, Machilipatnam (for short, 'learned IX ADJ'). Criminal Petition No. 9620 of 2025 has been filed under Section 528 of 2. 'the BNSS' challenging the order dated 12.06.2025 in Criminal M.P.No.1223 of 2025 in C.C.No.1152 of 2020 on the file of the Court of learned II Additional Judicial Magistrate of I Class at Machilipatnam. Criminal Petition No.9626 of 2025 has been filed under Section 528 of 3. the BNSS’ challenging the order dated 12.06.2025 in Criminal M.P.No.1221 of 2025 in C.C.No.593 of 2021 on the file of the Court of the learned II Additional Judicial Magistrate of I Class at Machilipatnam. These three criminal petitions are heard together and disposed of by way of his common order as they are filed by one petitioner although they 4. arise out of two different crimes. In the three impugned orders, the learned trial Courts partly allowed the petitions filed by the petitioner under Section 6 (2) (f) of the Passports Act, 1967 granted no-objection certificate for a period of four months. 5. T \ 4 6. Case of the Petitioner is that he is accused No.1 in C.C.No. 1304/2020 for the offences punishable under Section 188 of ‘the I.P.C.,’ and Sections 3 of Epidemic Disease Act, 1897 and accused No.1 in C.C.No. 1152/2020 for the offences punishable under Sections 341 and 188 read with Section 34 of ‘the I.P.C.,’ and accused No.1 in C.C.No.593/2021 for the offence punishable under Section 353 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. Heard Ms. M.Nikitha, learned counsel appearing for the Petitioner, and learned Assistant Public Prosecutor appearing for the respondent-State. The petitioner is presently serving as Cabinet Minister. He is an elected Member of Legislative Assembly from Machilipatnam Assembly Constituency. The learned IX ADJ apprehended absconding of the petitioner if such permission is granted. Learned IX ADJ even though cited a decision of this Court in .YS.Jagan Mohan Reddy v. State of Andhra Pradesh\ 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 IX ADJ rejected the prayer of the petitioner on the score that 7. 8. Criminal Petitiorf'Na,170 of 2025 dated 07-01 -2025 5 he failed to account the details about the purpose, dates, duration and countries intended to visit. Learned IX ADJ observed that the request of the petitioner is general and speculative. In Sudheer Reddy Mule v. State of Andhra Pradesh^, this Court, in similar circumstances, has given permission for renewal of passport with certain conditions. In Maneka Gandhi v. Union oflndia^, the Hon'ble Apex Court held that 9. 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. In Parvez Noordin Lokhandwalla v. State of Maharashtra"^, the 10. Hon'ble Apex Court held at para No. 24 as under; "Having regard to the genesis of the dispute as weii as the issue as to whether the appeiiant is iikeiy to fiee from justice if he were to be permitted to travei to the U.S., we find, on the basis of the previous record of the appeiiant, that there is no reason for justification to deny him the permission which has been sought to travei to the U.S. for eight weeks." In Karti P.Chidambaram v. State of Madras^, a learned single judge of 11. the High Court of Madras held at para No. 88 as under: "Thus, and aiso for the reason that the proposai to iimit the period of passport is bereft of any reasoning, i see no impediment for the issuance of a passport with reguiar vaiidity of 10 years and direct the respondent to do so forthwith. The passport, once received by the petitioner, shaii immediateiy be surrendered to the Court in whose possession it has been thus far." ^ Criminal Petition No. 8013 of 2025 dated 18-08-2025 3 1978 AIR 597 ^ AIR 2021 SC 641 ^W.P.No. 1190 of 2024 dated 284)3-2024 T 6 12. In Paramjit Singh v. State of Punjab \ 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 the individuals in similar situations, issued by 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 issue or renew a passport notwithstanding pendency of criminal cases. Both may learned trial Courts were not supposed to deny the request for travel abroad i a mechanical fashion without in 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 Courts. The order dated 09.06.2025 in Criminal M.P.No.1378 of 2025 in C.C.No.1304 of 2020 on the file of the Court of learned Judicial Magistrate of I Class Special Mobile Court for Trial of Cases under PCR Act-cum-IX Additional Judicial Magistrate of I Class, Machilipatnam and the order dated 12.06.2025 in Criminal M.P.No.1223 of 2025 in C.C.No.1152 of 2020 on the file of the Court of learned II Additional Judicial Magistrate of I Class at Machilipatnam and the order dated 12.06.2025 in Criminal M.P.No.1221 of 2025 in C.C.No.593 of 2021 on the file of the Court of the learned II Additional Judicial Magistrate of I ® 2011 Supreme (P & H) 614 7 / / / Class at Machilipatnam, are liable to be set aside and are 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 C.C.No.1304 of 2020 on the file of the Court of learned Judicial Magistrate of I Class Special Mobile Court for Trial of Cases under PCR Act-cum-IX Additional Judicial Magistrate of I Class, 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 jt 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 C.C.No.1152 of 2020 on the file of the Court of learned II Additional Judicial Magistrate of I Class at Machilipatnam, stating that w|ien 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 1 \ 8 iii. The petitioner herein shall submit an affidavit with all details of itinerary of his abroad visit with tickets, endorsements on necessary proofs like air visa and passport, if any, in C.C.No.593 of 2021 on the file of the Court of the learned II \ Additional Judicial Magistrate of I Class at Machilipatnam, stating that when he leaves India for abroad during pendency of the said case, he would co-operate with the trial Court concluding the proceedings at the earjiest; The Criminal Petitions are accordingly allowed. in 16. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Judicial Magistrate of i Class Special Cases under PCR Act-cum-IX Additional Judicial Magistrate of I Class Machilipatnam, Krishna District. 2. The II Additional Judicial Magistrate Krishna District. 3. The Station House Officer, Station, Krishna District. 4. The Station House Offi^# Station, Krishna District. 5. The Station House Officer, Sub Inspector Station, Krishna District 6. One CC to Ms. Mallavolu Nikitha, Advocate [OPUC] 7. Two CC’s to the Public Prosecutor 8. Three CD Copies GPC Cnr Mobile Court for Trial of of First Class, Machilipatnam Sub Inspector of Police, Pedana Police Sub Inspector of Police, R.Pet Police of Police, Inuguduru Police High Court of A.P. [OUT] \ \ \ \ \ HIGH COURT \ \ GPC DATED: 17/09/2025 COMMON ORDER: CRLP Nos. 9594 OF 2025, 9620 OF 2025 & 9626 OF 2025 ALLOWING THESE CRIMINAL PETITIONS