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CDJ 2025 APHC 1782 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 12567 of 2025
Judges: THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Parties : Ravipati Rambabu Versus The State Of Andhra Pradesh, (SHO -Vetapalem P.S) Rep.by its Public Prosecutor A.P High Court Compound Nelapadu, Amaravati, Guntur District Andhra Pradesh
Appearing Advocates : For the Petitioner: Leo Law Associates LLP. For the Respondent: Public Prosecutor.
Date of Judgment : 04-12-2025
Head Note :-
Criminal Procedure Code - Section 437/438/439/482 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 437 of Cr.P.C
- Section 438 of Cr.P.C
- Section 439 of Cr.P.C
- Section 482 of Cr.P.C
- Section 528 of BNSS
- Code of Criminal Procedure, 1973 (Cr.P.C)
- Bharatiya Nagarik Suraksha Sanhitha (BNSS)

2. Catch Words:
Not mentioned.

3. Summary:
The petitioner, a retired lecturer, filed a petition under Section 482 of the Cr.P.C. and Section 528 of BNSS seeking permission to travel to Australia for his daughter’s house‑warming ceremony. Earlier attempts to obtain discharge and leave from the trial court were dismissed, leading to a criminal revision petition which is pending. The High Court, after hearing counsel, granted the petitioner permission to leave the country for 90 days, subject to a personal bond of Rs. 1,00,000 with a bank guarantee. The petitioner must appear before the Additional Civil Judge (Junior Division) on 07.01.2026. The court also directed the Principal District Judge, Ongole, to dispose of the pending revision petition within two weeks. The criminal petition was disposed of, and any other miscellaneous petitions were closed.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant permission to the petitioner to visit Australia for the Petitioner’s daughter’s house opening ceremony, pending above Criminal Petition, and pass such

IA NO: 1 OF 2025

Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased may be pleased to grant permission to the petitioner to visit Australia for the Petitioner’s daughter’s house opening ceremony, pending above Criminal Petition, and pass such)

1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”)/under Section 528 of Bharatiya Nagarik Suraksha Sanhitha (in short, “BNSS), has been filed by the Petitioner/Accused, to grant permission for a period of 90 days to visit Australia for the house opening ceremony of his daughter.

2. Heard Sri G.Venkateswarlu, learned counsel for the petitioner/accused and learned Assistant Public Prosecutor appearing for respondent -State.

3. Learned counsel for the petitioner would submit that the petitioner has filed a petition before the trial Court for discharge vide Crl.M.P.No.31 of 2022 in C.C.No.719 of 2016 but that was dismissed. Aggrieved thereby, the petitioner preferred criminal revision petition No.35 of 2025, which is pending before the learned Principal District Judge, Ongole, wherein, the Court granted stay.

4. Learned counsel for the petitioner would further submit that the petitioner has to attend house warming function of his daughter in Australia which is scheduled to be held on 15.12.2025, for which, he filed a petition before the trial Court seeking permission to leave the counter for 90 days and it was dismissed.

5. Learned counsel for the petitioner would further submit that since it is an old matter of the year 2016, atleast permission may be granted to the petitioner for few days to attend the function.

6. Learned assistant public prosecutor would further submit that this Court may pass appropriate orders.

7. In the light of the above submissions made and since the petitioner herein is a retired lecturer who is getting pension and he intends to attend the house warming ceremony of his daughter in Australia, which is scheduled to be held on 15.12.2025, the petitioner herein is permitted to leave the country and appear before the learned Additional Civil Judge (Junior Division)-cum- Additional Judicial Magistrate of First Class, Chirala on 07.01.2026. However, it is apposite to mention that the petitioner shall execute a personal bond for an amount of Rs.1,00,000/- (Rupees One Lakh Only) with bank guarantee for the like, sum to the satisfaction of learned Additional Civil Judge (Junior Division)-cum-Additional Judicial Magistrate of First Class, Chirala.

8. At this juncture, it is appropriate to direct the learned Principal District Judge, Ongole, to dispose of the Criminal Revision Petition No.35 of 2025, as expeditiously as possible, preferably within a period of two (02) weeks, from the date of receipt of a copy of this order.

9. With the above observations, this criminal petition is disposed of.

                  As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

 
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