CHENNUPATI KRANTHI KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) 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.

(2.) The appellant is accused no.1 in a prosecution for offences punishable under Ss. 498­A, 403 and 406 of the Indian Penal Code, 1860 (for short, 'IPC') and Ss. 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 Sec. 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 dtd. 11/2/2021 informing the appellant to get permission from the competent Court for the release of his passport.

(3.) The appellant is working in a company in USA. He came to India on a leave to perform the first death anniversary rituals of his father. While he was in India, a complaint was filed by the 4th respondent-wife against the appellant and other family members for the offences punishable under Ss. 498­A, 403 and 406 of IPC and Ss. 3 and 4 of the 1961 Act. Prior to that, on 19/1/2021, the 3rd respondent issued a notice to the appellant, in which it was recorded that the Police authorities have forwarded his original passport to him. In the same notice, it was alleged that the appellant was in possession of the passport of 4th respondent. The appellant was called upon to return the passport to the 4th respondent.