Case Note & Summary
The appellant, Seesa Santosh, lodged a complaint on 12 October 2014 regarding the suspicious unnatural death of his father. An unnatural death case under Section 174 of the Code of Criminal Procedure, 1973 was registered, leading to FIR No. 173 of 2014 for offences under Sections 120-B and 306 read with Section 34 of the Indian Penal Code, 1860. Respondent no.2 was arrayed as an accused. During investigation, respondent no.2 filed an application seeking return of his passport. The Principal Junior Civil Judge-cum-Principal Judicial Magistrate First Class, Bhongir, allowed the application by order dated 7 May 2025. The appellant challenged this order before the Principal Sessions Judge, Bhuvangiri, who set aside the Magistrate's order by order dated 26 September 2025 in Criminal Revision Petition No. 4 of 2025. Respondent no.2 then filed a revision petition before the High Court for the State of Telangana at Hyderabad under Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which was allowed by judgment and order dated 28 October 2025 in Criminal Revision Case No. 751 of 2025, thereby restoring the Magistrate's order. The appellant appealed to the Supreme Court. The Supreme Court held that the Sessions Judge's order was passed in a revision, and a second revision to the High Court is barred under Section 442(3) BNSS. The High Court lacked jurisdiction to entertain the revision. The Supreme Court allowed the appeal, set aside the High Court's order, and restored the Sessions Judge's order.
Headnote
A) Criminal Procedure - Revision Jurisdiction - Section 442 Bharatiya Nagarik Suraksha Sanhita, 2023 - Maintainability - The High Court allowed a revision petition under Section 442 BNSS against an order of the Sessions Judge passed in a criminal revision. The Supreme Court held that the Sessions Judge's order was an order passed in revision, and a second revision to the High Court is barred under Section 442(3) BNSS. The High Court lacked jurisdiction to entertain the revision. (Paras 2-3) B) Criminal Procedure - Passport Return - Interim Custody - Section 174 CrPC, 1973 - The respondent no.2 sought return of his passport during investigation of an unnatural death case. The Magistrate had allowed the application, which was set aside by the Sessions Judge. The High Court restored the Magistrate's order. The Supreme Court set aside the High Court's order on jurisdictional grounds, leaving the Sessions Judge's order intact. (Paras 2-3)
Issue of Consideration
Whether the High Court had jurisdiction to entertain a revision petition under Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against an order passed by the Sessions Judge in a criminal revision arising from a Magistrate's order regarding return of passport.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order dated 28 October 2025, and restored the order of the Principal Sessions Judge, Bhuvangiri dated 26 September 2025.
Law Points
- Revision jurisdiction
- Section 442 BNSS
- Section 401 CrPC
- Passport return
- Interim custody
- Criminal revision maintainability
