Andhra Pradesh High Court - Amravati
Kiran Somasekar vs The State Of Andhra Pradesh on 22 October, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.24042 of 2021
ORDER:
This writ petition is filed for a mandamus declaring the action of the respondents in issuing Look Out Circular against the petitioner without following the procedure established by law and without following the circular order, dated 27.12.2000, issued in this regard, as illegal, arbitrary and consequently sought direction to the respondents to withdraw the Look Out Circular pending against the petitioner.
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home for respondents 1 to 3.
3. The legal position involved in this Writ Petition is not res integra. As per ratio laid down in the case of Dasari Sudheer v. State of Andhra Pradesh1, by High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, when a Look Out Circular was issued, the aggrieved person would have two options i.e. 1) approaching the Officer who ordered for issuance of Look Out Circular with a request to cancel it; and 2) he can also approach the trial Court which can rescind the Look Out Circular by filing appropriate application to that effect.
4. The High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh has also considered the judgments rendered in the case of S.Martin v. 1 2015 (3) ALT 1 = 2015 Law Suit (Hyd) 322 2 Deputy Commissioner of Police2 of Madras High Court and the other judgment rendered by the Delhi High Court in Sumer Singh Salkan v. Assistant Director; Court On Its own Motion Re; State v. Gurnek Singh Etc,3 wherein it is held as follows:
".... In the said circumstances, that it is open to the petitioner to approach the Officer who ordered issuance of LOC (OR) it is open for him to approach the trial Court which can rescind the LOC issued on an appropriate application made by the person concerned. ...."
5. Considering the law laid down in the aforesaid judgments, this Court has recently in W.P.No.3506 of 2021, as per order dated 14.09.2021, directed the petitioner therein to approach the concerned trial Court and file an appropriate application for cancellation of Look Out Circular.
6. In the instant case, it is stated that the investigation is still pending and charge-sheet is not filed.
7. Therefore, in view of the law enunciated above, this Writ Petition is disposed of with a direction to the petitioner to approach the concerned officer, who issued the Look Out Circular in question and file an appropriate application seeking to withdraw the Look Out Circular that was issued against the petitioner on the grounds which are now urged in this Writ Petition. In case any such application is filed by the petitioner before the concerned authority, he has to consider and dispose 2 2014 Law Suit (Mad) 250 3 2010 Law Suit (Del) 1628 3 of the same expeditiously and preferably within three weeks from the date of filing of the said application. No costs.
Miscellaneous Petitions, if any pending, in this Writ Petition, shall stand closed.
______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:22.10.2021.
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