APHC010653052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12961/2025 Between: 1. YONG LUI XING, S/O YONG SIONG KAW, AGED ABOUT 34 YEARS KAMPUNG BARU AYER KEROH, 75450, MEAKA MALAYSIA COUNTRY. 2. CHOO KHAI, S/O CHOO AH CHING, AGED ABOUT 31 YEARS51 JALAN RHR, TAMAN RIMKA-28400,MENTAKAB, MALAYSIA COUNTRY. 3. TAIGARAJAN ALIAS VINOD, S/O KASY, AGED ABOUT 25 YEARS,BATU-14, PANCHORS, DURIAN, TUNGI, MELEKA MALAYSIA COUNTRY. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by Station House Officer,Kadiyam Police Station, East Godavari Rep. by the Public Prosecutor,High Court of Andhra Pradesh at Amaravathi ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High CourtPleased to direct the direct the numbering of CrI.M.P.SR.No.5175/2025 in S.C.No. 347/2023 in Cr.No. 148/2023 on the file of Court of the VII Additional Judicial First Class Magistrate, Rajamahedravaram, East Godavari District and hand over the passports bearing Nos. MO 6 Malaysian Passport No. A56409642 of Petitioner No.1, 2 MO 19 Malaysian Passport No. A56506382 and MO 20 Malaysian Passport No. A37147626 of Petitioner No.3 to the concerned Petitioners enabling them to travel to their home country and pass Counsel for the Petitioner/accused(S): 1. SODUM ANVESHA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 The Court made the following: ORDER: The instant petition under Section 528 of BNSS has been filed by the petitioners/Accused Nos.3 to 5, seeking a direction to number the Crl.M.P. SR No.5175 of 2025 in S.C. No.347 of 2023 in Cr. No.148 of 2023, on the file of the VII Additional Judicial First Class Magistrate, Rajamahendravaram, East Godavari District. 2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor. 3. Learned counsel for the petitioners would submit that the case against the petitioners ended in acquittal in S.C. No.347 of 2023 on the file of the II Additional Assistant Sessions Judge, Rajamahendravaram, on 16.06.2025. At the time of arrest of the petitioners, the police seized their passports. However, the learned Sessions Judge did not make any mention about the release of the passports of the petitioners in the judgment dated 16.06.2025. To that effect, an application was filed by the petitioners before the concerned Sessions Court seeking return of the passports, but they were informed that the file had already been sent to the learned Magistrate Court and that the petitioners have to move an application before the concerned Magistrate Court. The petitioners filed an application vide Crl.M.P. SR No.5175 of 2025 before the VII Additional Judicial First Class Magistrate, Rajamahendravaram, East Godavari District, but it was returned on the ground of maintainability, since the learned Sessions Court has not given any directions in that regard. 4 4. Learned Assistant Public Prosecutor would submit that since the office returned the application with such objections, let the matter be disposed of permitting the petitioners to represent the same, calling the matter on the bench, so that the learned Judge may take appropriate decision in the matter. 5. Learned counsel for the petitioners would submit that the Court may pass appropriate orders in that regard. 6. Considering the submissions made, this Criminal Petition is disposed of, and the Registry is directed to return the original petition to the learned counsel for the petitioners on proper identification. The learned Magistrate is directed to look into the matter and take appropriate decision according to law. The petitioners are at liberty to resubmit the application and make a request to call the matter on the bench so that the concerned Magistrate may take appropriate decision according to law. Pending applications, if any, shall stand closed. ______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 20.12.2025 MH 5 6 212 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.12961 of 2025 Dt.20.12.2025 MH 7