Single-judge order permitting the petitioner to file an application before the trial court for withdrawal of a Look Out Circular, relying on a 2015 judgment, and defining a timeline for the trial court to decide.
Permission granted to file an application for LOC withdrawal; trial directed to decide within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTI CE A.V.SESHA SAI
W.P.No.46533 of 2018
O R D E R:
Heard learned counsel for the petitioner and the learned Government Pleader for Home, apart from perusing the entire material available on record.
Today, when the matter is taken up, it is submitted by the learned counsel for the petitioner that the issue in the present Writ Petition is squarely covered by the order of this Court in W.P.No.14222 of 2015, dated 16.6.2015.
In view of the same, following the order passed in W.P.No.14222 of 2015 dated 16.6.2015, and for the reasons recorded therein, this Writ Petition is also disposed of permitting the petitioner herein to move the Court of V Additional Metropolitan Magistrate-cum-V Additional Junior Civil Judge, Cyberabad at L.B.Nagar, where C.C.No.4916 of 2018 is pending and to make an appropriate application within one week from today seeking withdrawal of Look Out Circular (LOC) and it is also made clear that the petitioner is at liberty to set out the reasons for making the said request including that he has already surrendered and has been abiding with the directions issued from time to time by the Court. If such an application is made by the petitioner, the V Additional Metropolitan Magistrate-cum-V Additional Junior Civil Judge, Cyberabad at L.B.Nagar shall consider the same in accordance with law and pass appropriate orders expeditiously preferably within a period of two weeks thereafter. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.”
______________ A.V.SESHA SAI, J
Date: 21.12.2018
Note:
Registry to annex the copy of the order in W.P.No.14222 of 2015, dated 16.6.2015 Furnish CC forthwith. (b/o) DA
THE HON’BLE SRI JUSTI CE A.V.SESHA SAI
W.P.No.46533 of 2018
21.12.2018
DA
2 issues framed by the court
Whether the petitioner can seek withdrawal of a Look Out Circular (LOC) by filing an application before the trial court while keeping the W.P. pending.
Whether the petitioner is permitted to surrender and demonstrate compliance with directions before the trial court.
Colour shows how this judgement treated each authority
W.P.No.14222 of 2015Followed¶5
Petitioner
Government Pleader for Home
A.V.SESHA SAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
