The High Court allowed the writ petition seeking to set aside a Look Out Circular issued against the petitioner in a dowry case. The court held that since the petitioner was regularly appearing before the trial court, the LOC was not warranted and directed its deletion.
Look Out Circular set aside and directed to be deleted from records.
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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 659 OF 2024
Between:
Beeshmanth Kotamreddy, S/o. Late Surender Reddy Kotamreddy, Aged 37 years, Occ. Software Professional, R/o. 1 1049, Snyder Dr, Frisco, Texas - 75035, USA, Rep. by his GPA holder, Sudhakar Reddy Katta, S/o. Late Ramasubba Reddy Katta, aged 70 years, Occ. Business, R/o. Flat No.l701, Block B, Apema Serovar Grande, Citizens Hospital Road, Nallgandla Village, Lingampalli, Ranga Reddy District, Telangana.
...PET|T!ONER
AND
...RESPONDENTS
Petition under Article 226 of 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 the nature of Writ of lVlandamus, declaring the action of the Respondents No. 1 to 5 and 7in issuing Look Out Circular against thepetitioner herein in connection with FIR No. 73612021, registered by the 5th respondent, as mentioned in charge-sheet filedin
c.c.No 2B9 0f 2022, on the fire of the court of xxu lvretroporitan l\4agistrate, at Athvelli, Niledchar-r,4arkajgiri District, and not to take any coercive steps incruding arrest, without folowing the due procedure of raw as iflegar, arbitrary, in vioration of principres of naturar justice, and in vioration of Articre 21 and 22 0f the constitution of rndia, and against the equity, and consequenfly, to set aside the Look out circurar issued by the Respondents No. .r to 5 and 7 against the petitioner, who is Accusecl No.1 in FrR No. 736 of 2021, on the fire of porice Station, Jawaharnagar, in the interest of justice.
IA NO: 1 oF 2024
Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High cou( may be preased to suspend the Look out circurars (Locs) issued by the Respondents No.1 to 5 and 7 against the petitioner herein untir further orders in connection with FrR No. 73612021 , registered by the 5th respondent, as mentioned in charge-sheet fired in c c.No. 289 of 2022, on the fire of the court of XXilr Metroporitan Magistrate, at Athvelli, Medchar-tvarkajgiri District, by directing the Respondents No.1 to 5 and 7 not to take coercive steps and folow procedure under raw, pending disposar of the above Writ petition.
Counsel for the Petitioner: SRt THIMMARAJU RAMCHANDRA RAO Counsel for the Respondent Nos.1,3,4 & 5: Gp FOR HOME Counsel for the Respondent Nos.2 & 7: SRI GADI PRAVEEN KUMAR, Dy.
SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.6: --
The Court made the f6llowing: ORDER
a
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.659 of 2024
ORDER:
This writ petition is filed seeking the following relief:-
". . . to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent Nos.l to 5 and 7 in issuing Look Out Circular against the petitioner herein in connection with FIR No.736/2021 registered by respondent No.S as mentioned in charge sheet lrled in C.C.No.289 of 2022 on the frle of the Court of XXIII Metropolitan Magistrate at Athavelli, MedchalMalkajgiri District and not to take any coercive steps including arrest without following the due procedure of law as illegal, arbitrary in violation of principles of naturaljustice and in violation of Articles 2l ar,d 22 of the Constitution of India and against the equity and consequently to set aside the Look Out Circular issued by Respondent Nos. I to 5 and 7 against the petitioner, who is Accused No. 1 in FIR No 736 of 2O2l on the file of Police Station, Jawaharnagar..."
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CVBR, J wp-.659 2024
between the petitioner and respondent No.6 arld respondent No.6 has filed a complaint and he was arrayed as accused No.1 in Crime No.736 of 2021, which was registered for the offences punishable under Sections 498-A and 506 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and after conducting investigation a charge sheet has been filed which was numbered as C.C.No.289 of 2022 on the file of the XXIII Metropolitan Magistrate, Athavelli, MedchalMalkajgiri District. It is the further case of the petitioner that in the said case, while filing the charge sheet against accused Nos. 2 and 3, it was mentioned that he was absconding and acting on the complaint submitted by respondent No.6 a Lookout Circular was issued in C.C.No.2B9 of 2022. Questioning the said Lookout Circular, the petitioner filed the present writ petition.
CVBR, I wp 659]02a
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Malkajgiri District and also granted liberty to the petitioner to file an application if he chooses to continue to stay in U.S.A. or to return back to India and if such permission is granted, the learned XXIII Metropolitan Magistrate, Athavelli, Medchal-Malkajgiri District, shall pass orders suspending Look Out Circular for the corresponding period from time to time.
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CVBR, J wp 659 2024
sent to the address mentioned in the complaint submitted by respondent No.6, the same was returned, un-served.
5
CVBR, J Wp_659_2024
India or that the same is detrimental to the bilateral relations with any country or to the strategic and / or economic interests of India or if such person is a,llowed to leave, he may potentially indulge in an act of terrorism or offences against the State and/or that such departure ought not be permitted in the larger public interest at any given point of time. As per the Circular Memorandum dated 01.07.2022 vide C.No.3O89/C-3 IIP I CID /2019-22 issued by the Director General of Police, Telangala, Hyderabad, in all cases where the person against whom LOC has been opened 15 nO longer wanted by the Originating Agency or by the Competent Court, the LOC deletion request must be conveyed to Bureau of Immigration immediately so that liberty of the individual is notjeopardized. Further, it is stated in the report filed by the Director General of Police that LOC will be continued basing on their satisfaction whether the person is going to cooperate with the investigation or not. Further, as per the instructions issued by the Director General of Police vide circular dated 01.07.2022, whenever notice under Section
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CVBR.J wp 6592024
41Aof Cr'P C is issuedor whenever bail is obtairled by the on the Partof the Policeto accused,itis an obligatton andthe a letterto theCommisstoner address Commissionerin turnshall address alette r tothe ImmigrationAuthorities to close the LOC'
'.
7
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10 As a sequel, the misceilaneous petitions pending, if any, shaJl stand closed.
SD/- T. JAYASREE ASSISTANT REGIS R //TRUE COPYII
To
SECTION OFFICER
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HIGH COURT
DATED:1910312024
ORDER
WP.No.659 of 2024
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ALLOWING THE WRIT PETITION WITHOUT COSTS.
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1 issue framed by the court
Whether the continuation of the Look Out Circular against the petitioner is warranted when he is appearing regularly in the criminal case?
2 provisions across 2 enactments
Beeshmanth Kotamreddy
State of Telangana
Bureau of Immigration
Commissioner of Police, Rachakonda Commissionerate
Deputy Commissioner of Police, Malkajgiri Zone
Station House Officer, Jawaharnagar Police Station
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
