SEESA SANTOSH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge is laid by the appellant to the judgment and order dtd. 28/10/2025 [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 Sec. 442 [ erstwhile sec. 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 dtd. 26/9/2025 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 dtd. 7/5/2025 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 12/10/2014 regarding the suspicious unnatural death of his father. An unnatural death case under Sec. 174 of the Code of Criminal Procedure, 1973 [CrPC] was registered. Investigation was initiated which culminated in registration of FIR No. 173 of 2014 for offences under Ss. 120-B and 306 read with Sec. 34 of the Indian Penal Code, 1860 [IPC]. Respondent no.2 was arrayed as an accused in the said FIR. Chargesheet came to be filed against the respondent no. 2 under Ss. 120-B and 306 read with Sec. 34, IPC on 29/2/2016. Respondent No.2 instituted Writ Petition No.17530 of 2015 seeking quashing of the FIR and consequential proceedings. In the interim, an application seeking permission to travel abroad was also made by the respondent no.2, which came to be dismissed on 26/8/2015. The writ petition itself was subsequently withdrawn on 19/10/2016. Since the respondent no. 2 failed to appear before the trial court and did not engage any lawyer, a non-bailable warrant of arrest and a Look Out Circular [ LoC] came to be issued against him. Subsequently, the respondent no. 2 instituted Criminal Petition No. 14462 of 2016 before the High Court seeking quashing of the criminal proceedings. Upon an application made by the respondent no.2, the High Court suspended operation of the LoC by an order dtd. 14/10/2016, clarified by order dtd. 18/11/2016. Pursuant thereto, the respondent no. 2 left the country in 2017. In the interregnum, another FIR [FIR No. 320 of 2021] under Ss. 443, 427, 420 and 506 IPC came to be registered against him. Thereafter, the said petition (Criminal Petition No.14462 of 2016) seeking quashing of criminal proceedings came to be withdrawn by the respondent no. 2 on 23/8/2023. On 19/4/2025, upon his return to India, the respondent no. 2 was arrested at the Rajiv Gandhi International Airport, Hyderabad. Upon release from custody, the respondent no.2 filed an application before the Magistrate seeking return of his passport which, as noted above, was disposed of by an order dtd. 7/5/2025 but set aside by the Sessions Judge on 26/9/2025 while deciding the State 's revision petition. Thereafter, the respondent no.2 preferred a revision petition before the High Court, which came to be allowed vide the order impugned herein, permitting him to travel back to the United States of America [USA] subject to certain conditions. It is also pertinent to mention that during pendency of the present proceedings, the respondent no.2 has also filed another Criminal Petition No.1744 of 2025 seeking quashing of the criminal case.