Telangana High Court
Krovvidi Veerabahadra Dasaratha Rama ... vs The Union Of India on 27 September, 2022
Author: Lalitha Kanneganti
Bench: Lalitha Kanneganti
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
W.P.No.35723 of 2022
ORDER
This writ petition is filed with the following prayer;
"to pass an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ or direction to (1) declare the high handed action of the respondents more particularly respondent Nos.1 and 2, who are illegally continuing on unenforceable LOC Notice / expired after implementation in single time measurement as well as keeping pending and not recalled the LOC by respondent Nos. 3 to 5 even after close the criminal case in C.C.No.98 of 2022 on the file of the Honble XIII ACMM Hyderabad on 25-2-2022 as illegal, unjust, arbitrary, violating the Articles 14 to 21, of Constitution of India, principles of natural justice, and consequently direct the respondents mainly Respondent Nos. 3 to 5 to revoke /recall the LOOKOUT NOTICE circular on the name of the petitioner forthwith from respondents Nos.1 and 2 and further direct respondents No.1 to proper training / instructions to respondent No.2 LOC CIRCULAR implementation is single time measurement not for life time".
2. Learned counsel for the petitioner Mr. G.L.Narasimha Rao submits that basing on a complaint given by the wife of the petitioner, a case in Cr.No.674 of 2020 was registered for the offences under Sections 498-A and under Sections 3 and 6 of Dowry Prohibition Act on 03-12-2020 and after conducting investigation, charge sheet was filed and the same was numbered as C.C.No.98 of 2022 on the file of XIII Additional Chief Metropolitan Magistrate at Nampally, and the said case was compromised and closed long back i.e., on 25-02-2022. Learned counsel submits that in spite of the said C.C. is being closed in February, 2022, the respondent police are continuing Lookout 2 LK, J W.P.No.35723 of 2022 Circular against the petitioner and it is nothing but interfering with his right to life and personal liberty and hence, he has come up before this Court.
3. Learned Assistant Government Pleader for Home Mr. A. Manoj Kumar, appearing for respondent Nos.3 to 5, on instructions, submits that the respondent police have addressed a letter to the Joint Director, Immigration Authorities.
4. It appears that the respondent police are not able to understand what is the purpose of opening and continuing Lookout Circular and why they are continuing it eternally also not known till a person comes to the Court. When once a complaint is registered and the accused has received notice under Section 41-A Cr.P.C., or obtains bail, the respondent police have no business to continue the Lookout Circular and this conduct of the respondent police causes lot of prejudice and injustice to the parties. Hence, the Writ Petition is disposed of directing respondent No.1 to close the Lookout Circular dated 16-12-2020 against the petitioner. Further, the Commissioner of Police shall take appropriate action on the concerned officer, who has failed to address a letter to the Immigration Authorities for closing the Lookout Circular even after the charge sheet/after notice under Section 41-A Cr.P.C./after the bail obtained by the accused. No order as to costs.
3 LK, J W.P.No.35723 of 2022
5. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.
_________________________ SMT LALITHA KANNEGANTI, J 27th September, 2022.
sj