The Andhra Pradesh High Court has ruled that an accused person's request to travel abroad cannot be rejected solely because the visit is for a social or family event. Setting aside a trial court's order, the Court permitted Devineni Avinash to travel to the United States after observing that the right to travel abroad is a basic human right protected under Article 21 of the Constitution.
Background of the Case
The criminal revision petition challenged the trial court's order dated June 16, 2026, which had refused to return the petitioner's passport and denied permission to travel to the US. The petitioner, an accused in Crime No.650 of 2021, sought permission to attend his first cousin's housewarming ceremony and a family gathering in Virginia.
The prosecution opposed the request, arguing that the investigation was still pending and that the petitioner was also involved in another criminal case. It also contended that the proposed visit was purely social and therefore did not justify permission to leave the country.
Justice Dr. Y. Lakshmana Rao noted that the Supreme Court had earlier directed the petitioner not to leave India without prior permission after filing of the charge sheet. The Court also referred to the Supreme Court's ruling in Satish Chandra Verma v. Union of India, which recognised foreign travel as an important human right linked to personal liberty.
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Rejecting the trial court's reasoning, the bench observed,
"The request of the petitioner cannot be denied on the ground that the purpose of his visit abroad is purely social and celebratory in nature rather than urgent or fundamental."
The Court further observed that appropriate safeguards, including requiring the petitioner to return to India and cooperate with the investigation, would adequately protect the interests of justice.
Allowing the criminal revision petition, the High Court set aside the trial court's order and directed the authorities to return the petitioner's passport. It permitted him to travel to the United States from 3 July 2026 to 12 July 2026, subject to conditions.
The Court directed the petitioner to return to India and report before the Investigating Officer or the trial court on 13 July 2026 without fail. He was also instructed to submit his travel itinerary to both the Station House Officer concerned and the trial court.
Case Details:
Case Title: Devineni Avinash v. State of Andhra Pradesh
Case Number: Criminal Revision Case No. 653 of 2026
Judge: Dr. Justice Y. Lakshmana Rao
Decision Date: 2 July 2026
