NIDHI AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned counsel Sri T.Sharath appears for the petitioner. Sri N.Bhujanga Rao, learned Deputy Solicitor General of India, appears for respondents No.1 to 4.

(2.) The petitioner is under H-1B visa working as a Software Engineer in Meta Platforms INC at California, United States of America (USA), whose passport bearing No.Z3501823 in File No.BN2079075529516 issued on 20/1/2016 is going to expire on 19/1/2026. According to the petitioner, she has been implicated in a criminal case under Sec. 498A of the Indian Penal Code, 1860 (IPC), and Ss. 3 and 4 of the Dowry Prohibition Act, 1961, as accused No.6 by the estranged sister-in-law i.e., wife of her brother in First Information Report (FIR) No.192/2024 dtd. 7/3/2024 in which a charge sheet has been filed by the police upon investigation. The matter is pending before the learned XVII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, being C.C.No.1188 of 2025. The petitioner contends that during the period of the offence alleged, she was all along in USA in connection with her job. Without proper investigation, she has been shown as accused No.6 (absconding). No such summons, warrant or attachment or proclamation has ever been served under the relevant provisions of the Code of Criminal Procedure, 1973 (Cr.P.C), upon the petitioner as she was all along in a foreign country during the alleged period of offence.

(3.) The instant FIR and charge sheet would attract the provisions of Sec. 6(2) of the Passports Act, 1967, in particular, clause (f).