The High Court of Andhra Pradesh allowed a Criminal Revision Petition filed by Devineni Avinash, setting aside the trial court’s rejection of his application for return of passport and permission to travel to the USA.
Background
The petitioner, Accused No.31 in Crime No.650/2021 (investigated by CID), sought permission under Sections 451 & 457 CrPC r/w Section 6(2)(f) Passports Act to travel to the USA from 30.06.2026 to 15.07.2026 for his cousin’s housewarming ceremony and family gathering. The trial court dismissed the application, citing the travel as merely “social and celebratory.”
High Court’s Ruling
Dr. Justice Y. Lakshmana Rao, on 02 July 2026, allowed the revision:
- Right to travel abroad is a fundamental facet of personal liberty under Article 21.
- Relied on Supreme Court precedents: Maneka Gandhi v. Union of India, Satish Chandra Verma v. Union of India, and earlier orders in the petitioner’s case.
- Investigation largely complete; charge sheet filed; petitioner not a flight risk (previously complied with travel conditions).
- Purpose of travel (family event) cannot be dismissed as non-urgent when balanced against constitutional rights.
Directions:
- Passport to be returned.
- Permission granted to travel to USA (03.07.2026 to 12.07.2026).
- Petitioner must return and report to IO/Trial Court by 13.07.2026.
- Submit itinerary to SHO and Trial Court.
Key Takeaways
- Right to Travel: A basic human right that cannot be denied lightly, especially for short family visits.
- Balancing Interests: Courts must weigh personal liberty against investigation needs; mere pendency of case not sufficient ground for refusal.
- Conditions for Release: Reasonable safeguards (reporting, itinerary submission) protect state interests.
- Judicial Approach: Trial courts should not impose overly restrictive interpretations on “urgent” vs. “social” travel.
Case Details
Case Name: Devineni Avinash v. State of Andhra Pradesh
Citation: Criminal Revision Case No. 653 of 2026
Court: High Court of Andhra Pradesh at Amaravati
Coram: Hon’ble Dr. Justice Y. Lakshmana Rao
Date of Order: 02 July 2026
Click HERE for full Judgment.
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