V JASWANTH v. THE STATE OF ANDHRA PRADESH
Court: High Court of Andhra Pradesh
Bench: HARINATH.N
Judgment date:
Case summary
High Court of Andhra Pradesh judgment dated 2025-03-05. V JASWANTH v. THE STATE OF ANDHRA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY . THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH. N CRIMINAL PETITION NO: 1522 OF 2025 Between: V Jaswanth, S/o. V. Devarajulu, Hindu, aged about 31 years, R/o. D. No. 20-4-34/30, Subbareddi Nagar, Kothapalli. Akkarampalli, Tirupati, Tirupati District, AP ... Petitioner/Accused No. 1 AND The State of Andhra Pradesh, SHO, Disha Police Station, Tirupati Tirupati District. Rep by its Public Prosecutor, High Court of A. R at Amaravathi ... Respondent Petition under Section 528 of B. N. S. S, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in CrI. P. M. P. No. 2818/2024 in CC No.
46/2024 dated 06/01/2025 on the file of the court of the IV Additional Civil Judge (Junior Division)-cum- IV St Additional Judicial Magistrate of 1 class, Tirupati and set aside the order dated 06/01/2025 passed in CrI. P. M. P No. 2818/2024 as the same is illegal and abuse of process of law; and consequently allow the Crl. PM. P. No. 2818/2024 in C. C. No. 46/2024. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt. V Sesha Kumari, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent. The Court made the following: APHC010064332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 13457] (Special Original Jurisdiction) WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH. N CRIMINAL PETITION NO: 1522/2025 Between: V Jaswanth ... PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...
RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. VSESHA KUMARI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR ) J The Court made the following Orri^r- The petitioner is aggrieved by the order dated 06. 01. 2025 passed by the learned IV Additional Civil Judge (Junior Division) cum IV Additional Judicial Magistrate of I Class, Tirupati, in Crl. M. P. No. 2818 of 2024 in C. C. No. 46 of 2024, whereby the petition filed by the petitioner seeking to return of his passport was dismissed. 2. The petitioner is arrayed as accused No. 1 in C. C. No. 46 of 2024, which was registered against him for the alleged offences under Sections 498-A and 506 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. During the course of investigation the police have seized the petitioner’s passport bearing NO. L8761866, which is due for renewal on 07. 05. 2024. The petitioner filed a petition vide Crl. M. P. No. 2818 of 2024 under Section 451 of Cr. P. C.
, seeking interim custody of the passport. 3. Learned Senior Counsel appearing for the petitioner submits that the learned Magistrate dismissed the petition on the ground that the petitioner is at flight risk. 4. Heard learned Assistant Public Prosecutor for the respondent-state. 5. Considering the facts and circumstances of the case, this Court deems it appropriate to set aside the order dated 06. 01. 2025 passed by the learned IV Additional Civil Judge (Junior Division) cum IV Additional Judicial Magistrate of I Class, Tirupati, in Crl. M. P. No. 2818 of 2024 in C. C. No. 46 of 2024. 6. The passport bearing No. L8761866, which was seized during the course of investigation, shall be returned to the petitioner. The petitioner shall submit an undertaking to the learned Magistrate to the effect that the he shall seek permission of the Court in the event he intends to travel abroad. Upon submission of such an undertaking, the passport of the petitioner shall be released to him. 7.
With the above directions, the present Criminal Petition is allowed. - , , 0 - . Pending miscellaneous petitions, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The IV Additional Civil Judge (Junior Division)-cum- IV Additional St Judicial Magistrate of 1 class, Tirupati, Chittoor District 2. The Station House Officer, Disha Police Station, Tirupati Tirupati District. 3. One CC to Smt V Sesha Kumari, Advocate [OPUC] 4. Two CCS to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 5. Three CD Copies Stu sree HIGH COURT DATED. 05/03/2025 ORDER CRLP. No. 1522 of 2025 g 28MAR2DS Current Section ALLOWING THE CRIA/IINAL PETITION
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