APHC010658472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12709/2025 Between: 1. VEMULA JITHENDRA RAJU, S/O.AMMIRAJU,AGE 46 YEARS R/O.4 R/0.4-20-16/1BATTULAVARI STREET ITHANAGAR TENALI,GUNTUR DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH AT AMARAVTHI 2. VEMULA KEDARESWARI, W/O. JITHENDRA RAJU, AGED 26 YEARS,R/O. NEAR SAIBABA TEMPLE,THROVAGUNTA VILLAGE, ONGOLE MANDAL,PRAKASAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): 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 Court may be please to release the documents i.e, (1) Passport No.Z3358661 file No. HY2068851474315 (2) brown colour wallet cards (3) United Arab Emirates Federal Authority for identity and citizen ship-Resident identity card No.784-1984-7282565-4 Card No. 134903706, (4) expiry card relating to item No.(3) 5) Visa Card (Jitendra Vemula Card No.4188,8718,8849,5058) 6) Visa Platinum Card No.4439137246-263571 (7) Brass Money Swipe Card No. 0000-0000- 0023-5640 (8) Dubai R.T.A. (We keep Dubai moving) (m.touch) No.0221032592 to the petitioner in C.C.No.864 of 2025 on the file of the III Additional Judicial Magistrate of First Class Ongole, Prakasam and pass such Counsel for the Petitioner/accused: 1. MARELLA RADHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 by the Petitioner for the following relief: “ ... to release the documents i.e, (1) Passport No.Z3358661 file No.HY2068851474315 (2) brown colour wallet cards (3) United Arab Emirates Federal Authority for identity and citizen ship-Resident identity card No.784-1984- 7282565-4 Card No. 134903706, (4) expiry card relating to item No.(3) 5) Visa Card (Jitendra Vemula Card No.4188,8718,8849,5058) 6) Visa Platinum Card No.4439137246-263571 (7) Brass Money Swipe Card No. 0000-0000-0023-5640 (8) Dubai R.T.A. (We keep Dubai moving) (m.touch) No.0221032592 to the petitioner in C.C.No.864 of 2025 on the file of the III Additional Judicial Magistrate of First Class Ongole, Prakasam and pass such ...” Brief facts of the case are that respondent No.2 and Petitioner herein are wife and husband respectively. Petitioner herein is working in Dubai having valid visa and he visited India in the month of October for a few months. Due to family disputes, respondent No.2 lodged a complaint against the Petitioner and his family members, which is registered as a case in Crime No.66 of 2025 is registered by Mahila Police Station, Ongole Prakasam District, against A.1 to A.5, wherein the Petitioner herein is arrayed as A.1. Without the knowledge of the Petitioner, Respondent No.2 wrongfully took the petitioner’s documents, went to her parents house at Ongole and handed over the same to Police. The subject documents are very important documents and essential at Dubai. Due to seizure of these documents, he could not fly to Dubai. After completion of investigation, Police filed charge sheet, which is numbered as CC No.864 of 2025 on the file of the Court of III Additional Judicial Magistrate of First Class, Ongole. In the above CC, Petitioner filed Crl.M.P.No.4327 of 2025 seeking return of the documents which are in the custody of the Court since 28.07.2025. The Learned Magistrate, 3 by Order dated 16.10.2025 dismissed the Petition. Aggrieved by the same, the present Criminal Petition is filed. Heard Smt. Marella Radha, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent State. Perused the material on record. Learned counsel would further submit that respondent No.2 took the subject documents without the knowledge of the Petitioner with a view to harass him and to prevent him to go to Dubai for his job. Further, these documents are very much essential to retain his employment and travel to abroad. Further, Petitioner’s passport is expired by 05.10.2025 and it is due for renewal. Learned counsel would submit that the subject documents are in the custody of the Trial Court. Further, Petitioner is ready to attend the Court as and when required with regard to the subject matter. The matter is posted to 23.01.2026 for examination of the Petitioner and he will attend the Court on that day. Further, Petitioner will fly to Dubai after getting permission from the Court. Learned counsel would submit that a Coordinate Bench of this Court followed the guidelines issued in Criminal Appeal No.179 of 2008 in Suresh Nand V. CBI wherein, the Hon’ble Supreme Court held that impounding of a passport cannot be done by the Court under Section 104 Cr.P.C. though it can impound any other document or thing, and accordingly, Crl.P.No.1954 of 2020 is disposed of Crl.P.No.96 of 2022 dated 23.03.2022, holding that neither the Police or the Courts have power to seize the passport or to direct the accused to deposit or surrender the passport even when a criminal case is pending in the Court of law 4 and only the passport officer is the competent authority to impound the passport. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. Considering the submissions, this Criminal Petition is allowed. The order dated 16.10.2025 passed in Crl.M.P.No.4327 of 2025 in CC No.864 of 2025 on the file of the Court of III Additional Judicial Magistrate of First Class, Ongole is hereby set aside. The Trial Court is directed to return the relevant documents which are in its custody pertaining to this matter to the Petitioner. Petitioner shall take permission of the Trial Court after renewal of the passport for leaving the country by placing the specific schedule before the Court. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 06.01.2026 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 12709 of 2025 06.01.2026 Mjl /*