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2026 DAILYLAW 18566 (AP)

Jamaz Mehabul Hussain v. The State of Andhra Pradesh

CRLRC/253/2026 · 2026-03-09

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010119822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 253/2026 Between: JAMAJ MEHABUL HUSSAIN, S/O. ARSHAD HUSSAIN JAMAJ,AGED ABOUT 31 YEARS, H.NO. 3/55/1, GOKHAR JHANDA STREET,NEAR GANESH CIRCLE, ADONI, KURNOOL DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI. ...RESPONDENT Counsel for the Petitioner: 1. BUTTA VIJAYA BHASKER Counsel for the Respondent: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant Criminal Revision Case under Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed, by the Petitioner/Accused No.3, seeking to quash the Order dated 27.02.2026 in Crl.M.P.No.84 of 2024 in C.C.No.15 of 2024 on the file of the Court of I Additional Judicial Magistrate of First Class, Adoni and to permit the Petitioner to attend his sister’s marriage at Saudi Arabia to be held on 21.03.2026. 2. Heard Sri Butta Vijaya Bhaskar, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. 2 3. Learned counsel for the Petitioner would submit that the Petitioner herein is Accused No.3, who is facing allegations for the offences under Sections 354(D) read with 34 of IPC and Section 67 of the Information Technology Act. It is further submitted that, he filed Crl.M.P.No.84 of 2024 in C.C.No.15 of 2024 before the trial Court seeking permission to obtain passport to attend the marriage of his own sister scheduled to be held in Saudi Arabia on 21.03.2026 and the same was dismissed without assigning any specific reason. Learned counsel would further submit that, after the marriage of his sister, the Petitioner will be returned to India by 05.04.2026. Hence, prayed to allow the petition. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. As can be seen from the impugned order, there is no specific reason assigned by the learned Magistrate to refuse the request of the Petitioner to go to Saudi Arabia to attend his sister’s marriage and to have passport. Learned Magistrate observed that there is no such condition imposed while granting bail to the Petitioner to obtain permission of the Court while leaving the country. Simply because a person is facing allegations for the offences under Sections 354(D) read with 34 of IPC and Section 67 of the Information Technology Act, he cannot be deprived from visiting a country i.e., Saudi Arabia to attend the marriage of his own sister. 3 6. In that view, the Criminal Revision Case is allowed setting aside the Order dated 27.02.2026 in Crl.M.P.No.84 of 2024 in C.C.No.15 of 2024 on the file of the Court of I Additional Judicial Magistrate of First Class, Adoni. Petitioner / Accused No.3 is permitted to get his passport according to law without any reference of the present case. Petitioner shall execute a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum each to the satisfaction of the learned Magistrate. Petitioner shall furnish his travel schedule, place of stay abroad, to the Court as well as the Investigating Officer. Petitioner shall furnish his active mobile number to the Investigating Officer. Petitioner shall return to India by 05.04.2026 and shall appear before the Court on the next date of hearing after returning to India. Pending applications, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:10.03.2026 Note: Issue C.C today B/o. Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.R.C.No.253 of 2026 Dt.10.03.2026 Dinesh