Petitioners sought to quash a Look Out Circular, alleging violation of fundamental rights. The Court found that based on the State's instructions, no circular was actually open against the petitioners, rendering further orders unnecessary.
No further orders; the writ petition is closed.
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.
[32e6 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE FOURTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 9442 OF 2023
Between:
AND
...RESPONDENTS
Petition under Article 226 ol lhe Constitution of lndia 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 nature of Writ of Mandamus declaring the Look Out Circular issued against the Petitioners is wholly illegal, and arbitrary and also violating of Article 19 and 21 of Constitution of lndia and consequently quash the Look Out Circular issued against the Petitioners.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in \ the affidavit filed in support of the petition, the Hlgh Court may be pleased to suspend the Look Out Circular issued against the Petitioners pending disposal of the Writ Petition.
Counsel for the Petitioners: SRI MALIPEDDI SRINIVAS REDDY
Counsel forthe Respondents: GP FOR HOME
The Court made the following: ORDER
TION'BI,E SRI JUS'I'ICE C.V. BHASKAR REDDY WRIT PEI'ITION No.9442 of 2023
ORDEIT:
The present writ petition is filed seeking to declare the Look Out Circular issued against the petitioners as illegal, arbitrary and also violative of Arlicles 19 and 21 of the Constitution of India and consequently quash the same.
2 It is the contention of the petitioners that tl.re marriage ol- 1't petitioner was perfomed with one Dr. Anu Sree on 19.l1.2009 at Raja Rajeshwari Gardens, Secunderabad as per Flindu rites and customs. The said marriage was arranged marriage and there are no issues out ofthe wedlock. It is the further case of the petitioners that during 12 years of married life, there were always quarrels between the l"rpetitioner and his wife on one pretext or the other. The wife of the l'' petitioner has left the rnatrimonial lrome on 11.01.2022 without informing him and also filed a complaint against the l't petitioner. The said complaint was rcgistered as Crime No. 139 of 2022 for the offence under Section 498-4 of IPC read with Sections 3 and 4 of Dowry Prohibition Act. The Police,
2
C''I}R, J ll/P.No.9112 o12023
aller con'rpleting the investigation, also laid charge sheet and the said case was numbered as C.C.No.447 of 2022 on the file of XXIII Metropolitan Magistrate, Medchal. It is the further case of the petitioners that after receipt of summons from the Court concerned, the petitioners have appeared before the Court on 15.03.2023 and the copies of charge sheet were also served on thern. Pending adjudication of C.C.No.447 of 2022, petitioner No.l has filed FCOP.No.1422 of 2022 on the file of District and Sessions Judge-cum-Family Court, Malkajgiri, seeking divorce fi-orn his wife. After receipt of notices in the said case, the wifc of petitioner No.1 has also filed a maintenance case vide M.C.No.75 of 2022 and both the said cases are pending adjudication.
-t
cvltR, .t lfP.No-9412 of 2023
guaranteed under Articles I 9 and 21 of the Constitution of India. Learned counsel for petitioners would maintain that the action ol respondents ln filing the charge sheet stating that I-ook Out Circular was issued against the petitioners, amounts to gross violation of the principtes of naturaljustice and the said allegation is defaming the petitioners' family in the right thinking mernbers of society. Therefore, he prayed to quash the Look Out Circular issued by the respondents against the petitioners in Crime No. 139 of2022.
4
CI'BR. J U'P.n'o.9,t12 ( 2023
proposal was sent to open Look Out Circular against thc
petitioners, but basing ou the written instructions received frorn the superior officers, the said proposal was withdrawn and Look Out Circular is not opened against the petitioners.
accordingly closed. No order as to costs.
Pending miscellaneous applications, if any, shall stand
closed.
SD/. G. SIREESHA ASSISTAN]LREGISTRAR //TRUE COPY// ( )E, SECTION OFFICER
To 1. One CC to SRI MALIPEDDI SRINIVAS REDDY, Advocate [OPUC] 2. fwo CCs to GP FORHOI/E,HighCourt for the State of Telangana,at Hyderabad. [OUT]
PSK
GJP
HIGH COURT
DATED:1410612023
ORDER
WP.No.9442 of 2023
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
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2 issues framed by the court
Whether the Look Out Circular issued against the petitioners should be quashed as it is illegal, arbitrary, and violative of Articles 19 and 21 of the Constitution.
Whether the contention that the Look Out Circular amounts to a violation of natural justice and is defamatory warrants an order to quash the same.
G. Uday Kiran
G. Kamala
G. Venkataiah
The State of Telangana
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
