Shaik Rakheeb Vs the Union of India

SHAIK RAKHEEB, S/O. SHAIK VAIL AHAMAD, AG E D 35 YEARS, REP.BY GPA HO L DER, JAKKAM BRAHMANANDA REDDY, S/O. LATE SUBBA RE D DY, AGE 56 YEARS, OCC B U SINESS, RIO. D.NO.5-5, VENK A TESWARA NAGAR, KURNOOL RO A D, ONGOLE TOWN AND MAND A L, PRAKASAM DISTRICT, PIN CO D E -523001.

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...PETITIONER

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AND

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THE UNION OF I N DIA, REP.BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAI R S, NEW DELHI, PIN CODE -11000 1 .

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THE COMMISSIO N ER, IMMIGRATION, BUREAU OF IMMIGRATION, MINISTRY OF HOME AFFAIRS, GOVERNMENT O F INDIA, EAST BLOCK, VIII LEVE L , V SECTOR, R.K. PURAM, NEW D E LHI - 110066.

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THE JOINT DIREC T OR, IMMIGRATION BRANCH (IB), MINISTRY OF HOME AFFAIRS, G OVERNMENT OF INDIA, BLOC K NO.B, EAST R.K. PURAM, SEC T OR-1, NEW DELHI, PIN CODE- 11 0 001.

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THE STATE OF ANDHRA PRADESH, REP.BY I T S PRINCIPAL SECRETARY TO THE GOVERNMENT, HOME D EPARTMENT, SECRETARIAT, V E LAGAPUDI, AMARAVATI, GUNT U R DISTRICT, PIN CODE - 52223 8 .

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THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT, PIN CODE - 522503.

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THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CID, MANGALAGIRI, GUNTUR DISTRICT, PIN CODE - 522503.

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THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT AT ONGOLE, PIN CODE - 523001.

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THE STATION HOUSE OFFICER, ONGOLE TALUK POLICE STATION, ONGOLE, PRAKASAM DISTRICT, PIN CODE - 523001

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in issuing look out circular/direction against petitioner at the instance of respondent No. 5 to 8 and continuing the same in connection with crime No. 740 of 2022 dated 08.11.2022 of Ongole Taluka Police Station, Ongole, Prakasam District as illegal, irregular, arbitrary without jurisdiction and in violation of Articles 14 and 21 of Constitution of India and consequently direct the respondents 5 to 8 to withdraw or recall Look out circular (LOC) issued against petitioner and pass such other order or orders as this Honble court may deem fit and proper in the circumstances of the case.

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IA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of Look out circular issued against petitioner connected to Crime No.740 of 2022 dated 08.11.2022 of Ongole Taluka Police Station, Ongole, Prakasam District and consequently direct the respondents not interfere in any manner with petitioner's travel to India, pending disposal of the main Writ Petition and pass

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Counsel for the Petitioner:

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1.M S S SWAYAM PRAKASH BABU

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Counsel for the Respondent(S):

1.GP FOR HOME

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The Court made the following order:

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Questioning the action of the respondent authorities in issuing and continuing the Look Out Circular (LOC) against the petitioner at the instance of respondent Nos.5 to 8 in connection with Crime No.740 of 2022 dated 08.11.2022 registered at Ongole Taluka Police Station, Ongole, Prakasam District, the present Writ Petition has been filed.

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Heard Sri M.S.S.Swayam Prakash Babu, learned counsel for the petitioner, Sri Narasimharao Gudiseva, learned Central Government Counsel appearing for respondent Nos.1 to 3 and learned Assistant Government Pleader for Home Department appearing for respondent Nos.4 to 8.

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Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner’s wife lodged a complaint against the petitioner and his family members on 08.11.2022. Based on the said complaint, a case was registered in Crime No.740 of 2022 of Ongole Taluk Police station for the offences punishable under Sections 498-A, 506 of Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act read with Section 34 of the Indian Penal Code. He further submitted that basing on the said crime, respondent No.6 addressed undated proceedings in C.No.1067/C61/IP/CID/2023 to respondent No.3 to open Look Out Circular against the petitioner. He further submitted that due to the pendency of the LOC, the petitioner, who is working as a driver in Kuwait, is unable to travel to India and appear before the Investigating Agency, as there is every likelihood of being detained by the immigration authorities immediately upon his arrival

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in India. He further submitted that, in the above circumstances, the petitioner had earlier filed W.P.No.35860 of 2025, wherein this Court granted interim orders. However, due to an inadvertent mistake in impleading the Superintendent of Police, East Godavari District, instead of the Superintendent of Police, Prakasam District, the said Writ Petition was withdrawn with liberty to file a fresh Writ Petition. He further submitted that the petitioner is ready and willing to cooperate with the investigation in Crime No.740 of 2022 of Ongole Taluka Police Station. Hence, the present Writ Petition has been filed to direct the authorities to remove or withdraw the Look Out Circular.

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On the other hand, Sri Narasimharao Gudiseva, learned Central Government counsel, submitted that if the petitioner intends to appear before the Investigating Agency, this Court may consider the same and pass appropriate orders. The learned Assistant Government Pleader for Home also made similar submissions.

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Perused the material available on record and considered the submissions made by learned counsel for the parties.

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It is not in dispute that Crime No.740 of 2022 was registered on the file of Ongole Taluk Police Station against the petitioner and his family members for the offences punishable under Sections 498-A and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, read with Section 34 of the Indian Penal Code, based on the complaint lodged by the petitioner's wife. It is also not in dispute that the respondent authorities issued a Look Out

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Circular (LOC) against the petitioner on the ground that the aforesaid crime had been registered against him and that he was not cooperating with the investigation. However, the petitioner has approached this Court contending that he is ready and willing to cooperate with the investigation and that, if the operation of the Look Out Circular is suspended, he will appear before the Station House Officer concerned and extend his cooperation with the investigation.

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As could be seen from the record, the offences registered against the petitioner are not heinous in nature. A Coordinate Bench of this Court, vide order dated 08.05.2026 in Writ petition No.35860 of 2025, directed the petitioner to appear before the Investigating Agency within 48 hours of his arrival in India. It was further directed that in the event of any deviation or violation of the said order by the petitioner, the interim order shall stand automatically vacated.

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In view of the facts and circumstances of the case and taking into consideration the submissions made by the learned counsel for the petitioner as well as the learned counsel appearing for the respondents, this Court, with the consent of both the parties, is inclined to dispose of the Writ Petition by passing the following order:

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i) The petitioner shall appear before the Investigating Officer

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concerned within 48 hours of his arrival in India and shall cooperate with the investigation in Crime No.740 of 2022 of Ongole Taluk Police Station.

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If the petitioner failed to cooperate with the investigation

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or failed to appear before the authority within the time stipulated above, the protection granted by this Court shall stand automatically vacated and the respondent authorities shall be at liberty to proceed in accordance with law.

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The petitioner is at liberty to make appropriate application before the competent authority concerned for recalling/withdrawing the LOC, if so advised.

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