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NINALA JAYASURYA
Rama Krishna Raju Samanthapudi – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. Heard learned counsel for the petitioners. Also heard Learned Assistant Public Prosecutor appearing for the 1st respondent/State and learned counsel for the 2nd respondent/de facto complainant.
2. This is an application seeking permission to the petitioners 2 & 3 to travel to the United States of America (U.S.A.) to visit their children, pending disposal of the main Criminal Petition.
3. The petitioner Nos. 2 & 3 herein have been arrayed as Accused Nos. 2 & 3 in C.C. No. 765 of 2021 on the file of the Court of the Learned II Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District, registered for the offences punishable under Sections 498-A, 417 of IPC and Sections 3 & 4 of Dowry Prohibition Act. A Learned Judge of this Court, by a detailed order dated 30.03.2021, was pleased to grant interim stay of further proceedings in the said Calendar Case, including the appearance of the petitioners. An application seeking to vacate the interim orders has been filed and the same is pending. In the meanwhile, the instant application has been preferred, in the circumstances as specifically asserted in the Affidavit filed in support of the I.A.
The right to travel abroad is a fundamental right, and passport renewal cannot be denied solely based on pending criminal cases without proper legal justification.
The mere pendency of a criminal case does not automatically bar passport issuance; personal liberty must be considered.
Pendency of criminal proceedings does not automatically bar passport renewal; restrictions on rights must be just and legal, emphasizing individual liberty under Article 21.
The denial of a passport renewal based solely on a pending criminal case violates the fundamental rights provided by the Constitution.
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