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Telangana High Court

Eluri Yadagiri vs State Of Telangana on 13 October, 2023

     HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

           WRIT PETITION No. 28745 of 2023

ORDER:

This writ petition is filed seeking the following relief:

"...to issue a writ of mandamus or any other appropriate writ or writs, order or orders declaring the action f respondents more particularly respondent Nos.2 to 7 in not deleting/quashing/recalling the Look Out Circular (LOC) issued against the petitioners even after quashing the proceedings of charge sheet with C.C.No.5748 of 2019 on the file of the XIII Additional Chief Metropolitan Magistrate, City Criminal Courts at Nampally, Hyderabad by the Hon'ble High Court in Crl.P.No.8552 of 2022 vide order, dated 14.03.2023 and not permitting the petitioners herein to travel abroad in spite of submitting representation, dated 28.08.2023 as arbitrary, illegal and against to the principles of natural justice..."

2. The case of the petitioners is that a case has been registered against them in Crime No.158 of 2018 for the alleged offences under Section 498-A read with 406 of 2 CVBR, J Wp_28745_2023 I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961. After conducting investigation, the respondents- police have filed charge sheet against the petitioners, which was taken cognizance as C.C.No.5748 of 2019 on the file of the XIII Additional Metropolitan Chief Magistrate, City Criminal Courts at Nampally, Hyderabad. It is the further case of the petitioners that they filed Crl.P.No.8552 of 2022 before this Court seeking to quash the proceedings against them in the above C.C., which was allowed by this Court vide order, dated 15.08.2018. It is the further case of the petitioners that during pendency of the said crime, on the request of the de facto complaint a Lookout Circular has been issued against the petitioners and the same is pending. The grievance of the petitioners is that even after quashing all further proceedings against the petitioners in C.C.No.5748 of 2019, the respondents are not taking any steps for deleting the names of the petitioners from the Lookout Circular.

3

CVBR, J Wp_28745_2023

3. Learned Assistant Government Pleader for Home, on instructions, would submit that respondent No.7 herein i.e., Inspector of Police, Women Police Station, East Zone, Hyderabad, has addressed a letter No.24/OW/WPS/EZ/2023, dated 26.07.2023 to respondent No.6 i.e., the Deputy Commissioner of Police, Crimes, Detective Department, CCS, Hyderabad City, stating that Lookout Circular issued against the petitioners Eluri Ravi S/o. Eluri Yadagiri aged 32 years, bearing Passport No.N9000544, Eluri Balamani, Passport bearing No.K7641185 in Crime No.158 of 2018 registered under Sections 498-A and 406 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961, wherein charge sheet has been filed vide C.C.No.5748 of 2019 on the file of the Additional Chief Judicial Magistrate of First Class, Nampally and the proceedings have been quashed by this Court in Crl.Petition No.8552 of 2022, dated 01.12.2022, so Lookout Circular issued against accused Nos.1 and 3 needs to be cancelled. It is further stated that on the written instructions, respondent No.6 has addressed a letter to the Ministry of Home Affairs, Bureau of 4 CVBR, J Wp_28745_2023 Immigration, Government of India, New Delhi to cancel the Lookout Circular issued against accused Nos.1 and 3. It is further stated that in response to the letter No.159/LOC/CCS-DD/HYD/2023, dated 02.08.2023 addressed by respondent No.6, to the Incharge-DMC/SIC, Bureau of Immigration (Ministry of Home Affairs), Government of India, New Delhi, vide Letter No.1/SIC(ACK)/LOC/2023-11868, dated 11.08.2023 informed the Joint Commissioner of Police, Detective Department, CCS, L.B.Stadium, Basheerbagh, Hyderabad City that they have deleted the Lookout Circular opened against Eluri Rama Swamy and another.

4. Recording the said submissions, the Writ Petition is disposed of as no further orders are necessary to be passed. No costs.

5. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE C.V.BHASKAR REDDY 13.10.2023 gkv