Y USHA GAYATRI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 questioning the order dated 28.02.2020 passed in Crl.M.P.No.802 of 2020 in F.I.R.No.44 passed by learned I Additional Chief Metropolitan Magistrate at Visakhapatnam.

(2.) The facts of the case are that the petitioner/A3 has moved an application before the Court below under Section 451 Cr.P.C. for return of passport bearing No.K2758705 so as to enable her to go to Australia. The said application was dismissed basing on the arguments advanced by Additional Public Prosecutor that there are several allegations attributed against the petitioner who instigated A1 to give divorce to the complainant and she is the main person who created problems in the matrimonial life of A1 and the complainant. If the passport is released by the Court there is no possibility to secure the presence of the petitioner, more particularly when she is permanent resident of Australia and once she goes to Australia there is no question of securing her presence. Assailing the said order, the present criminal petition is filed.

(3.) Heard Sri T.Ramakoteswara Rao, learned counsel for the petitioner, learned Public Prosecutor appearing for respondent No.1-state and Sri I.M. Ahmed, learned counsel for respondent No.2.