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Judgment
Criminal Revision Cases have been filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’) challenging the order dated 03.09.2026 passed in Crl.M.P.No.381 of 2026 on the file of learned Judicial Magistrate of First Class, Rayachoty.
Heard learned counsel for the Petitioner and the learned Assistant Public Prosecutor. Perused the record.
These Criminal Revision Cases Crl.R.C.Nos.1157 of 2026 and 1158 of 2026 are disposed of by this common order as they arising out as same cause of action. Two applications have been filed by the petitioner who is the sole accused in Crime No.14 of 2026 of T.Sundupalli Police Station before the learned Judicial Magistrate of First Class, Rayachoty for return of passport for permission of the petitioner to travel to Kuwait. Those two applications were dismissed by the learned Trial Court on the ground that the petitioner in the course of investigation had not complied with the terms and conditions of the notice issued by the investigating officer under Section 35(3) of ‘the BNS’. A look out notice was issued against the petitioner. The learned trial court observed that if the petitioner requests are considered, the petitioner may not cooperate either investigating officer in the course of discussion or to the learned trial Court for the purpose of trial.
The learned counsel for the petitioner Mr. Shaik Mohammed Ismail submits that the petitioner son’s passport is going to be expired on 29.10.2026. For extension of Visa, petitioner is required to be present in the Kuwait. The petitioner is running Gold Business in the Kuwait by establishing a shop. If a stringent condition is imposed on the petitioner to cooperate with the learned Trial Court for the Trial ends of justice would be sub-served. Moreover, if the petitioner permission is not accorded, his livelihood of carrying out the gold business is deprived of. Petitioner has got roots in Kadapa City also.
Having regard to the facts and circumstances of the case, the Criminal Revision Case is disposed of directing the investigating officer to release the passport of the petitioner and the petitioner is permitted to travel Kuwait. The petitioner shall furnish his residential details in Kuwait and the copy of passport and visa. Petitioner shall furnish the itinerary details to the investigating officer. The petitioner shall appear before the learned Trial Court on the first date of the adjournment after the CC is numbered after taking cognizance of the offence.
As a sequel, interlocutory applications, if any pending, shall stand closed.