APHC010047122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 782/2026 Between: GANDHAM VEERA RAGHAVA REDDY, S/O. G. PEDDA VEERA REDDY, MER/O.H.NO.3-13, OC COLONY, R. KOTHAPALLE, RUDRAVARAM, NANDYAL ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, Represented by itsPublic Prosecutor, High Court at Amaravati ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: S V RUTHVIK Counsel for the Respondent/complainant: PUBLIC PROSECUTOR 2 Dr. YLR, J Crl.P.No.782 of 2026 Dated 03.02.2026 The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) challenging the order dated 19.01.2026 in Crl.M.P.No.03 of 2026 in C.C.No.3971 of 2025 on the file of the learned Judicial Magistrate of First Class (Special Mobile Court), Kurnool, whereby and whereunder an application filed under Section 5(2)(c) read with Section 6(2)(f) of the Passport Act, 1967 (for brevity, ‘the Act’) seeks a direction to the Regional Passport Officer, Vijayawada, to re-issue his passport pursuant to Application Reference No.25-1060019183. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 3. The petitioner is alleged to have committed offences punishable under Sections 188, 506, 146, and 153 read with Section 149 of the Indian Penal Code, 1860 (for brevity, ‘the IPC’), and Section 130 of the RP Act, in C.C.No.3971 of 2025 on the file of the learned Trial Court. The petitioner is aged about 67 years. His son is working in Canada, and the petitioner intends to visit Canada to see his son and return to India. 3 Dr. YLR, J Crl.P.No.782 of 2026 Dated 03.02.2026 The alleged offence was registered on 14.05.2025 and is stated to be an election-related offence. There is an embargo under Section 195 of ‘the Cr.P.C’ for taking cognizance for the offence punishable under Section 188 of ‘the IPC’. Though there is no specific averment in the petition that the petitioner would return to India after accomplishing the purpose of his visit to Canada, during the pendency of the criminal case, the petitioner cannot permanently go to Canada and reside there, inasmuch as he is not Permanent Resident of Canada. He is required to attend before the learned Trial Court till the case reaches its logical conclusion whenever his presence is required. Even though the case is at the summons stage, the presence of the petitioner may be dispensed with in the course of the trial. The learned counsel for the petitioner undertakes that the petitioner shall return to India within six months from Canada after visiting his son. The said undertaking is recorded. 4. Considering the facts and circumstances of the case, the Criminal Petition is disposed of directing the Regional Passport Officer, Vijayawada, to re-issue the petitioner’s passport pursuant to Application Reference No.25-1060019183. The petitioner shall return to India within a period of six (06) months and appear before the learned Trial Court. In the event of failure to return to India within the said period, the Passport 4 Dr. YLR, J Crl.P.No.782 of 2026 Dated 03.02.2026 Authorities are at liberty to take appropriate steps against the petitioner, including cancellation of the passport. 5. With the above observation, the Criminal Petition is disposed of As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 03.02.2026 RSI 5 Dr. YLR, J Crl.P.No.782 of 2026 Dated 03.02.2026 57 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 782 of 2026 Date: 03.02.2026 RSI 6 Dr. YLR, J Crl.P.No.782 of 2026 Dated 03.02.2026 HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MAIN CASE No: Crl.P.No.782 of 2026 PROCEEDING SHEET Sl. No. DATE ORDER OFFICE NOTE 01. 03.02.2026 Dr.YLR,J The Criminal Petition is disposed of. (Vide separate order). _________ Dr.YLR,J RSI