Shaik Jan Bee @ Sowmya John Vs Union of India

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[³²⁵⁵ ]

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IN THE HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE SEVENTFI DAY OF AUGUST TWO THOUSAND AND TWENry FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN^KUMAR

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WRIT PETITION NO: 23525 OF 2025

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Between:

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Shaik Jan Bee @ Sowmya John,^{D/o ShaikKhaja Miya ASel} 91^{years, Occ-} Cine Artist , RytH.No.8-2-3101819110,111402,^{Sriram Gayatri Nivas,Banjara} Hills' HYderabad'

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...PETrroNER

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AND

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'I . Union of lndia, Rep. by its Secretary, Ministry of Home Affairs, Government of India, New Delhi

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Bureau of lmmigration Ministry of Home^{Affairs, Governmentof lndia, Rep- by} its Commissioner, East Block -Vlll^{Level -V, Sector-1, R.K. Puram,New} Delhi.

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Bureau of lmmigration, Ministry of^{Home Affairs, Governmentof lndia OCI} Complex, TCP,Shamshabad, Hyderabad^{Telangana-501 218.}

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The Fdreigners Regional Registiation^{Officer (FRRO), Bureau of lmmigration} (MHA), Ministry of Home Affiirs, Government of lndia, Sardar^{VallabhaiPatel,} OCR Complex, Shamshabad, Near GMR^{Township, Telangana.}

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The State bf Telangana, Rep. by^{its Principal Secretary Department of Home} Secretariat Buildings, Secretariat, Hyderabad.

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The Commissioneiof Police, Hyderabad^{Commisionrate Banjara Hills} Hyderabad

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T6e Assistant Commissioner of Police,^{Banjara Hills DivisionWest Zone} Hyderabad

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The Station House Officer, Banjara^{HillsPoliceStation Banjara Hills} HYderabad

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...RESP.NDENTS

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Petition under Article 226 of the Constitution^{of lndia prayingthat in the} circumstances stated in the^{affidavit filed therewith,the High Court maybe} pleased to issue a Writ, Order, or Direction, more^{particularly one in nature of} Writ of MANDAMUS declaring the action^{of the Respondents in keepingthe Look} Out Circular issued against the Petitioner^{in force inpsite of the suspension of} LOC in Crl MP.No.1197 o 2024^{in Cr.No.230 of 2024 dated 9-10-2024 bv the} Honorable lll Additional chief Metropolitan^{Magistrate-at Hyderabadas illegal ,} arbitrary against the law and^{is in violation of the fundamental rightsguaranteed}

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I i I i l I ii i

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,/

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under Articles 14, 19^(1Xg) and 21 of the Constitution^{of lndia and consequently} direct the Respondents to allow the Petitioner to^{travelabroad whichis} scheduled on 15-8-2025 to 26-8-2024 without^{any hindrance/obstructionby} deleting the LOC issued against the^{Petitioner inview of the suspensionof LOC.}

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lA NO:^'t OF 2025

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Petition under Section 151 CPC^praying thatⁱⁿ the^{circumstancesstated} in the affidavit filed in support of the^petition, the^{High Court maybe pleasedto} direct the respondents to allow the Petitioner to travel^{abroad which is scheduled} on 15-8-2025 to 26-8-2024 without^{any h ind rance/obstructionby deletingthe} LOC issued against the Petitioner in view of^{the suspensionof LOC in Crl} MP.No.1 197 of 2024 in Cr.No.230 of^{2024 dated9-10-2024 by the Honorablelll} Additional Chief Metropolitan Magistrate at^{Hyderabad pending disposalof the} above writ^petition.

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Counsel for the Petitioner: SRI B.SUDHAKAR REDDY AND NEERAJA^REDDY Counsel for the Respondent Nos.1 TO 4: Deputy Solicitor General^{of lndia} Counsel for the Respondent Nos.S TO 8: GP FOR HOME

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The Court made the following: ORDER

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THE HONOURABLE^{SRI JUSTICEN.V. SHRAVANKUMAR}

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W.P. No.23525 of 2o25

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ORDER

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The peLitioncr is aggricvcd^{by the action of the respondents in} keeping the Look Out^{Circular issuedagainst the petitioner in force} inspite of the suspension^{of l-OC in Crl.MP.No 1 197 of 2024 in} Cr.No.23o of 2024 clated^{o9.1O.2O24 by the III Additional Chief} Metropolitan Magistrate^{at tlyderabad, petitioner filed the presentwrit} petition is filecl with a consequential^{prayerto directthe respondents} to allow the^{pctitioner to lravel abroad which isscheduledon} 15.08.2025 Lo 26.08.20'25^{without- any hindrance} /^{obstructionby} deleting lhe LOC issued^{againstlhe petitioner inview of the} suspension of l,OC.

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Brief facts o[ lhe case^are that^{the petitioner is havingvalid} Passport bearing No.U7385908^{r-rpto O5.10.2O3O. The petitioner being} an Actor by profession^{ncccl to traveldifferent countries for shooting} purposes and <luring^{hcr travel on 2O.O7.2025 from United Statesof} America to Hyderabad upon^{arrival at Raj iv GandhiInternational} Airport, she was stoppcd^{by the immigrationauthoritiesand informed} that LOC is issucd^{agair-rsLher and until they receivethe confirmation} from the Police departmenl^{theyare not goingto allow entry or exit.}

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The learned counsel for the^{petitionerwould submitthat the} LOC issued against thc^{petitioner was suspended by the III Additional} Chief Metropolitan Magistrate, I{yderabad^{in Crl.MP'No.1197of 2024}

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lwsx, J W-P. o,23525 of2O25

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2

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in Cr.No.230 of 2024 dated 09.tO.2O24. The petitioner filed Crl.P.No.2478 of 2024 lor quashing rhe Cr.No.230 of 2024 before rhis Court and the same was disposed of on 04.03_2O24 directing the petitioner to appear before the lnvestigating Officer on or before 1I.O3.2O24 between l1:OC am and ,5:00 pnt, and accordingly, the petitioner is cooperating with the Investiga ting Oflicer and the investigation is completed. Thereafter, the petitioner fi1ed W.p. No.27567 of 2024 challenging the LOC and the said writ petition was disposed of directing the petitioner to submiL an application before the concerned Magistrate Court seeking suspcnsion oi LOC. Accordingly, the pctitioner filed Crl.MP. No.1197 ot 2024 in Cr.No.23O of 2024 on the Iile of the III Additionat Chief Metropolitan Magistrate for suspension of the Look Out Circular rvhereby the III Additional Chief Metropolitan Magistrate suspe nded the LOC by order dated O9.1O.2O24 with a direction to the petitioner to cooperate with the InvesLigation Officer and shall not leave the country without prior permission of the Court.

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It is further submitted that as the purposc of LOC is to secure the presence of the petitioner before the Court and the III Additional Chief Metropolitan Magistrate suspended the LOC, it is the duty of the respondents to withdraw the LOC issued against the petitioner. Though the suspension^{order was passcd by the Court, the LOC is} still in force^{as was informed by the immigration authorities u'hen} they stopped^{the petitionerat airport on 20 07 2025 Since the}

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J w.P, I{0-23525 of2025

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petitioner need to travel to New York orr 15.08.2025 to 26.08.2025^for shooting, there is every chance of stopping the petitioner by^the Immigration authority from travelling.

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The learned Assistant Government Pleader for Home has placed a copy of the lelter daLed 24.05.2025 addresseil by the^{Inspector of} Police, Banjara Hills, Hyderabad, to the Deputy Commissioner^of Police, CCS-DD, Hyderabad requesting that the LOC issued^against the petitioner may bc withdrawn.

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Further, the learned counsel representing the learned Deputy Solicitor General of India placed a copy of the written instructions dated 05.08.2025 u,herein al, paras No.2 and 3 stated as under:

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"2. It is further informed that, in accordance wlth para 6 (N) (iv) of the MHA guidelines on LOC issued vide OM No.2s0 16 / t0/ 20 I7-lmm (Pt.) dated 22.02.2021, in casc the t,OC is challcngcd and stayed by the concerned Court or a Court issues any directive with regard to the LOC, the originator must inform the BOI urgently and accordingly seek amendmcnt/deletion of the LOC. Para ^(G) of the guidclines mentiones the legal liability of the action taken by Immigration Autiorites in pursuance of LOC rests with the originating agency, in the present writ petition. As per Para 6 (F & M) of the sard MHA's LOC guidelines, it is the responsibility of the originator to consta,ntly review the LOC rcquest and proaclirrely provide additional parameters to minimize harassment to genuine passengers. The immigration authorities will

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W P, No,23s25 oI2O2s

strictly go by the communication received from the o{Iicers authorised to open the LOCs.

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The withdrawal/amcndment of LOC agarnst the petitroner is the sole prerogative of the originator. Further, the Bureau of lmmigration (Bol) has no objection in wrthdrawal/ altendment of LOC against tl-re petitioner if DCp, DD, CCS Hyderabad, Telangala recommends (o.) thc Honble Court dirccts for the samc It is submitted that thc present Writ petitjon is not maintainable without challenging thc LOC issued against the petitioner by the originator.,'

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The learned Assistant Government plcacler for Llomc submits that the Deputy Commissioner of police, CCS-DD, Flyderabad, is Lhe originaLor in the present case and the said .riginator is uncler Lhe control and within the jurisdiction of tl.rc respondent No.6, Commissioner of Police .

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In vieu, of the above, this rvrit petition is disposcd of directing the respondenl No.6, Commissioner ol police, to convey/ communicate the order dated O9.10.2024 passed in Crl.Mp_ No. I 197 of 2024 in Cr.No.230 of 2024 (Banjara Hills pS), to the originator in the present case i.e. Deputy Commissioner of policc, CCS-DD, I,Iyderabad, through proper channel and also coLnmutliczrte the same to the respondents No.3 and 4, Bureau of Immigration and Lhe Foreigners Regional Registration Ofhcer (FRRO), respectively, u,ithir-r a period of three days, from the date of receipt of a cop1,. of this order enabling the petitioner to travei in view of thc suspension of the I_OC.

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LvsK, J w_P. f,o,23s2s ot 2l}2s

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9 Accordingly, this writ petition is disposed of. There shall be no

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order as to costs

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As a sequcl, miscellaneous applications, if any pending,

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shall stand closed.

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SD/-T.TIRUMALA DEVI DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To

1 The Secretary, Union of lndia, Ministry of Home irs, Government of India, New Delhi

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The Commissioner, Bureau of lmmigration Ministry of Home Affairs, Government of India, East Block -Vlll Level -V, Sector- 1, R.K. Puram, New Delhi.

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Bureau of lmmigration, Ministry of Home Affairs, Government of lndia OCI Complex, 7CP, Shamshabad, Hyderabad Telangana -501 218.

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- I!9. Lorgl,glers Regional Rggistration Officer (FRRO), Bureau of tmmigration (MHA), Ministry of Home Affairs, Government of India, Sardar VallabhJi patel,

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_ QCR_Complex,^{Shamshabad,NearGMR Township, Telangana.} 5. The Principal Secretary Department of Home Secretariat Suildings, Secretariat, Hyderabad, State of Telangana.

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