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2026 Supreme(SC) 677

DIPANKAR DATTA, SATISH CHANDRA SHARMA
Seesa Santosh – Appellant
Versus
State of Telangana – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Krishna Kumar Singh, AOR
For the Respondent(s): Ms. Devina Sehgal, AOR Mr. Krishna Dev Jagarlamudi, AOR

Judgement Key Points

Key Points: - The judgment discusses balancing personal liberty (Article 21) with the state's interest in speedy trial and administration of criminal justice, in the context of passport impounding and travel permissions (!) (!) . - It holds that the Magistrate’s order releasing the passport is justified, but the High Court and Sessions Court orders restricting travel/deposit of passport are set aside, with directions that the respondent may travel only with express permission of the Sessions Court after committal, and subject to conditions (!) (!) (!) . - It emphasizes that the right to travel abroad is not absolute and must be balanced against societal interests and the need for a timely trial (!) (!) . - It notes the respondent’s medical travel need and the High Court’s reliance on medical grounds, but concludes those reasons do not justify unrestricted travel; instead, travel abroad may be allowed only after committal and with court permission, under appropriate conditions (!) (!) . - The Court finds the High Court’s indulgent approach in allowing travel to the USA to be unsustainable, citing delay, conduct of the respondent, and the availability of medical facilities domestically (!) (!) . - It directs coordination among civil, police, and airport authorities to ensure no flight out without express Sessions Court permission (!) . - It clarifies that observations are not findings on merits of the case and that orders should be considered on their merits with potential conditions if travel is permitted (!) (!) .

How to balance Article 21 rights with the need to ensure speedy trial when impounding or permitting travel of an accused?

What are the conditions and limits on a court-ordered passport deposit or travel restrictions for an accused undergoing criminal proceedings?

What is the appropriate judicial approach to revising or setting aside lower court orders relating to passport release and travel permissions in the context of ongoing criminal proceedings?


JUDGMENT

DIPANKAR DATTA, J.

1. Leave granted.

2. Challenge is laid by the appellant to the judgment and order dated 28th October, 2025 [impugned order] passed by the High Court for the State of Telangana at Hyderabad [High Court] , allowing a revision petition [Criminal Revision Case No. 751 of 2025] filed by the respondent no. 2, under Section 442 [erstwhile section 401 of the Code of Criminal Procedure, 1973] of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS] . The High Court, while allowing the revision petition, set aside the order dated 26th September, 2025 passed by the Principal Sessions Judge, Bhuvangiri [Sessions Judge] in Criminal Revision Petition No. 4 of 2025. The Sessions Judge, by the aforesaid order, had set aside an order dated 7 th May, 2025 passed by the Principal Junior Civil Judge-cum-Principal Judicial Magistrate First Class, at Bhongir [Magistrate] disposing of the application of the respondent no.2 seeking return of his passport.

3. The facts relevant for a decision on this appeal are these. Appellant lodged a complaint on 12th October, 2014 regarding the suspicious unnatural death of his father. An unnatural death case under Section 174 of the Code of Crimi

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