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2023 Supreme(SC) 655

ABHAY S. OKA, RAJESH BINDAL
Chennupati Kranthi Kumar – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shreeyash U.Lalit,Adv. Mr. Mahesh Kumar,Adv. Mr. Aniruddha Purushotham,Adv. Ms. Prashi Tyagi,Adv. Mr. Nikhilesh Kumar,Adv. Ms. Devika Khanna,Adv. Mrs.V.D.Khanna,Adv. Mr. Vmz Chambers, AOR
For the Respondent(s): Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Adv. Mr. K V Girish Chowdary, Adv. Ms. Niti Richhariya, Adv. Ms. Rajeswari Mukherjee, Adv. Mr. K.M.Nataraj, ASG Mr. Sharath Nambiar,Adv. Mr. Nakul Chengappa K.K.,Adv. Mr. Vatsal Joshi,Adv. Mr. Indra Bhakar,Adv. Mr. Vinayak Sharma,Adv. Mr. Anuj Srinivas Udupa,Adv. Mr. Chitransh Sharma,Adv. Mr. Raj Bahadur Yadav, AOR Mr. Shashank Bajpai, Adv. Mr. Priyanka Das, Adv. Mr. Anuj Srinivasan Udupa, Adv. Mr. D. Mahesh Babu, AOR Mr. Suresh Kumar Potturi, Adv. Mr. Shishir Pinaki, Adv. Mr. Dhanaeswar Gudapalli, Adv. Mr. Desam Sudhakara Reddy, Adv.

JUDGMENT

Abhay S. Oka, J.

Though the dispute involved in these appeals concerns the return of the passport of the appellant, it is an outcome of a matrimonial dispute between the appellant and 4th respondent who is his wife. With a view to understand the controversy, a brief reference to factual aspects will be necessary.

FACTUAL ASPECTS

2. The appellant is accused no.1 in a prosecution for offences punishable under Sections 498-A, 403 and 406 of the Indian Penal Code, 1860 (for short, IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short, the 1961 Act). During the course of the investigation into the said offences, the Police issued a notice under Section 91 of the Code of Criminal Procedure, 1973 (for short, Cr.P.C.) calling upon the appellant to produce his passport. Accordingly, the appellant submitted his passport to the concerned police station, which in turn, handed over the original passport to the 3rd respondent - Regional Passport Office at Hyderabad. There was a correspondence exchanged between the 3rd respondent and the appellant. The 3rd respondent issued a letter dated 11th February 2021 informing the appellant to get permission from the competent Court

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