Andhra Pradesh High Court - Amravati
Dr Mosala Vara Prasad Chandra Sekhar vs The Union Of India on 9 July, 2025
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HN, J
W.P.No.7407_2024
APHC010145032024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3457]
(Special Original Jurisdiction)
WEDNESDAY,THE NINTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 7407/2024
Between:
1. DR MOSALA VARA PRASAD CHANDRA SEKHAR, S/O
VENKATESWARA RAO, AGED ABOUT 44 YEARS, R/O. DOOR NO.
601, LUANA HOUSING SCHEME, BLACK RIVER (PO), STREET
ELIZABATH, JAMAICA, WEST INDIES. , REPRESENTED BY HIS
G.P.A.HOLDER MUNGARA VENKATA SAI RAMA KRISHNA PRASAD
SON OF SATYANARAYANA MURTHY, HINDU, AGED ABOUT 67
YEARS, OCC. RETIRED H.M., R/O.H.NO. 4-43/8/2A, ROAD NO.4,
PANDT COLONY, TADEPALLIGUDEM,. WEST GODAVARI DISTRICT,
A.P.STATE.
...PETITIONER
AND
1. THE UNION OF INDIA, REPRESENTED BY ITS PRINCIPAL
SECRETARY, MINISTRY OF HOME AFFAIRS (BUREAU OF
IMMIGRATION), CENTRAL SECRETARIAT, NEW DELHI
2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT
BUILDINGS AT AMARAVATHI. A.P.STATE.
3. THE SUPERINTENDENT OF POLICE, , MACHLIPATNAM, KRISHNA
DISTRICT, A.P.
4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, , C.I.D, A.P.
MANGALAGIRI, GUNTUR DISTRICT.
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HN, J
W.P.No.7407_2024
5. THE STATION HOUSE OFFICER, MAHILA POLICE STATION,
MACHILIPATNAM, KRISHNA DISTRICT, A.P.STATE.
6. MOSALA SRILAKSHMI, W/O MOSALA VARAPRASAD CHANDRA
SEKHAR, D/O. NAGANABOINA VENKATESWARA RAO, HINDU,
AGED ABOUT 35 YEARS, OCC. HOUSE WIFE, DOOR NO. 16-270-B,
REDDISIMHACHALAM STREET, SATYANARAYANAPURAM,
GUDIVADA, KRISHNA DISTRICT., A.P.STATE.
7. SMT NAGANABOINA PADMAVATHI, W/O VENKATESWARA RAO,
AGED ABOUT 57 YEARS, R/O. DOOR NO. 16-270-B,
REDDISIMHACHALAM STREET, SATYANARAYANAPURAM,
GUDIVADA, KRISHNA DISTRICT., A.P.STATE.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Ist respondent herein in issuing lookout Circular/Notice No. 1/SIC(ACK)/LOC/2022 13729, dated 04-11-2022 without following the guide lines issued by the Ist respondent is clearly violation the section 188 of Cr.P.C. in respect of Foreign Citizen i.e Petitioner is Citizen of Jamaica is illegal, arbitrary, caprious, and violative of fundamental rights and Principles of Natural justice is provided under Constitution of India and the same may be set aside and to pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay of Lookout Cjrcular/Notice No. 1/SIC(ACK)/LOC/2022 -- 13729, dated 04-11-2022 issued by the Ist respondent herein pending disposal of the above Writ Petition and to pass IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave to file the reply affidavit to substantially the petitioner's case in the above W.P.No. 7407 of 2024 and to pass 3 HN, J W.P.No.7407_2024 Counsel for the Petitioner:
1. K KRISHNA MOHAN Counsel for the Respondent(S):
1. GP FOR HOME
2. 4
HN, J W.P.No.7407_2024 The Court made the following Order:
1. The petitioner is aggrieved by the issuance of Lookout Circular/Notice No.1/SIC(ACK)/LDC/2022-13729, dated 04.11.2022. The petitioner is facing trial in C.C.No.329 of 2023, on the file of the Judicial First Class Magistrate Prohibition and Excise, Machilipatnam, for the alleged offences under Sections 498-A, 323 and 506 of the IPC, read with Sections 3 and 4 of the Dowry prohibition Act, 1961.
2. It is submitted that the petitioner is presently residing at Jamaica and he is a Doctor by profession. The present writ petition is filed by his father, as he has a GPA holder.
3. The learned counsel for the petitioner submits that the complaint was filed by the 7th respondent on behalf of the 6th respondent. It is submitted that the petitioner and the 6th respondent were in Jamaica, and on account of their marital disputes, they approached the Matrimonial Supreme Court in Jamaica. A divorce was granted to them. Thereafter, the 7th respondent filed a complaint against the petitioner. At that point of time, the 3rd respondent issued proceedings for opening a Lookout Circular against the petitioner. The 1st respondent subsequently opened a Lookout Circular against the petitioner. The learned counsel for the petitioner submits that the Lookout Circular was issued for securing the presence of the petitioner for the purpose of investigation of the case.5
HN, J W.P.No.7407_2024
4. It is submitted that the H.M.O.P was filed before the Senior Civil Judge, Tadepallegudem, West Godavari District, was rejected as the Court had lack of jurisdiction. Thereafter, the divorce was obtained from the Court in Jamaica.
5. The learned counsel for the petitioner submits that the purpose of opening a Lookout Circular against the petitioner is now served, on account of the police completing the investigation and filing the charge sheet.
6. The learned Assistant Government Pleader, representing the State, submits that the Lookout Circular was issued to secure the presence of the petitioner and a detailed counter is also filed. It is also stated in the counter that the police filed the charge sheet in the year 2023 itself and that the petitioner has dual citizenship in both India and Jamaica. It is submitted by the learned Assistant Government Pleader that the Lookout Circular was issued in relation to Crime No.58 of 2022.
7. The learned counsel for the petitioner further submits that the petitioner surrendered his passport in Jamaica on 22.04.2021 itself.
8. Considering the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the State, as the Lookout Circular was issued when Crime No.58 of 2022 was pending investigation, and now that the investigation is complete and the charge sheet is filed, the continuation of the Lookout Circular against the petitioner is not necessary. Accordingly the Lookout 6 HN, J W.P.No.7407_2024 Circular/Notice No.1/SIC(ACK)/LDC/2022-13729, dated 04.11.2022, is hereby quashed and the writ petition is allowed. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N Date: 09.07.2025 NKA 7 HN, J W.P.No.7407_2024 27 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.7407 of 2024 Date: 09.07.2025 NKA