1 APHC010076932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 179/2026 Between: 1. WAHIDUNNISA MOHAMMAD, W/O KAMAL BASHA MOHAMMAD,AGED ABOUT 60 YEARS, OCC HOUSE WIFE,R/O. H.NO.25-3, KOTHA PETA, PAMARRU,KRISHNA DISTRICT, ANDHRA PRADESH -521157 . ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS THE PUBLIC PROSECUTOR,HIGH COURT OF AP, AMARAVATI - 522239. 2. THE STATION HOUSE OFFICER, DISHA WOMEN POLICE STATION, KAKINADA - 533002. ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased topleased to direct the Hon'ble Additional Judicial First Class Magistrate, Kakinada to return the Passport bearing No. Y1337157 of the petitioner to undergo Emergency Medical Treatment in USA duly set asiding the order dated 16.01 .2026 passed in CrI.M.P No.2093 of 2025 in PRC No.14 of 2024 and pass Counsel for the Petitioner: 1. J M NAIDU Counsel for the Respondent(S): 2 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 179/2026 ORDER: This Criminal Revision Case is filed by the petitioner challenging the order dated 16.01.2026 passed in Crl.M.P. No.2093 of 2025 in P.R.C. No.14 of 2024 on the file of the learned I Additional Judicial First Class Magistrate, Kakinada, whereby the petition filed by the petitioner seeking return of her Passport bearing No. Y1337157 to enable her to undergo medical treatment in the United States of America was dismissed. 2. The prosecution case, in brief, is that Crime No.100 of 2022 was registered against the petitioner and others for the offences punishable under Sections 498-A, 313, 342 and 506 IPC read with Sections 3 and 4 of the Dowry Prohibition Act. After completion of investigation, charge sheet was filed and the case was taken on file as P.R.C. No.14 of 2024. It is stated that non-bailable warrants were earlier issued against the petitioner and subsequently recalled. The petitioner was arrested on 29.08.2024 and later enlarged on bail by the learned Additional Sessions Judge, Kakinada, by order dated 11.09.2024. The passport of the petitioner was seized at the time of arrest and is presently in Court custody. The petitioner filed Crl.M.P. No.2093 of 2025 seeking return of her passport to travel to the U.S.A. for medical treatment on the ground that she is suffering from serious ailments and requires specialized treatment abroad. The said petition was dismissed by the learned Magistrate by order dated 16.01.2026, which is impugned herein. 4 3. Learned counsel for the petitioner would submit that, the petitioner is suffering from serious medical conditions and requires specialized treatment in the U.S.A., where her son is employed as a Software Engineer and is medically insured. He would further submit that the petitioner has no independent source of income and depends upon her children. He would further submit that she is ready to furnish necessary undertakings and comply with any conditions imposed by this Court, including returning to India within a stipulated period. 4. The learned Assistant Public Prosecutor would submit that the petitioner is facing serious allegations in a Sessions case and her presence during trial is necessary. She would further submit that the Court may pass appropriate orders in accordance with law. 5. Considered the facts and submissions of the case and fair look at the material available on record, this Court is of the opinion that petitioner is facing trial for serious offences, at the same time, the apprehension of the prosecution regarding securing the presence of the petitioner for trial cannot be ignored. In that view, to meet the ends of justice, this Criminal Petition is disposed of with the following directions: 1. The petitioner is at liberty to file a comprehensive petition before the competent Sessions Court seeking return of her passport and permission to travel abroad for medical treatment. 5 2. The petitioner shall file an affidavit of undertaking indicating the specific period of travel and assuring her return within the stipulated time. 3. The trial Court shall consider the same expeditiously, after giving opportunity to the prosecution to submit objections, and pass appropriate orders in accordance with law. Pending miscellaneous petitions, if any, shall stand closed. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 19.02.2026. KKV 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 179/2026 Date: 19.02.2026. KKV