Telangana High Court
Ramakrishna Prasad Chalasani vs The State Of Telangana And 4 Others on 29 July, 2022
Author: Lalitha Kanneganti
Bench: Lalitha Kanneganti
THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI
W.P.No.30778 of 2022
ORDER
This writ petition is filed with the following prayer;
"to issue writ, order, direction more particularly one in the nature of writ of mandamus declaring the action of respondents in issuing Look Out Circular against the petitioner with regard to C.C.No.13858 of 2021 on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad, as illegal, arbitrary and consequently direct the respondents to cancel the LOC issued against the petitioner".
2. Learned counsel for the petitioner Mr. P Ravi Kiran submits that Cr.No.104 of 2021 on the file of Women Police Station, Begumpet, Hyderabad, was registered against the petitioner and his family for the offences under Sections 498-A, 406, 506 IPC and under Sections 4 and 6 of Dowry Prohibition Act and notice under Section 41-A Cr.P.C., was issued to the petitioner on 11-09-2021 and thereafter, they have conducted the investigation and filed the charge sheet, which is numbered as C.C.No.13858 of 2021 on the file of the XV Additional Chief Metropolitan Magistrate, Hyderabad. He submits that the petitioner is working in UK, and in the month of February, 2022, when he was at Bangalore Airport, he was obstructed by the Immigration Authorities where he came to know that lookout circular was issued against him. He submits that when the petitioner is cooperating with the investigation and the charge sheet is also filed before the Court concerned and on what basis lookout circular is issued against the petitioner is not known. He submits that issuance of lookout circular 2 LK, J W.P.No.30778 of 2022 and continuation of the same is contrary to the guidelines issued by the Ministry of External Affairs and also the judgment passed by the Honourable High Court of Delhi in Assistant Director and others;State vs. Gurnek Singh1.
3. This Court in W.P.No.25777 of 2022 dated 17-06-2022 has already directed the Director General of Police to frame guidelines with regard to issuance of lookout circular and also reviewing and closing the same. This Court has observed that once a lookout circular is issued, the reviewing authorities are not taking any steps to close the same, which is causing lot of inconvenience and hardship to the accused. This Court has also observed that once a charge sheet is filed, it is for the Court to impose any conditions while granting bail and the respondent police cannot continue the lookout circular. Intermittently, certain guidelines were issued by the Director General of Police in this regard.
4. In this case, admittedly charge sheet is filed and no warrants are pending against the petitioner and also notice under Section 41-A Cr.P.C., was issued to him on 11-09-2021. Hence, in that case, there cannot be any ground to continue the lookout circular. The reviewing authorities by this time ought to have addressed a letter to the immigration authorities, particularly in this case, when they have issued lookout circular is not known. Hence, respondent No.4 shall address a 1 2010 Law Suit(Del) 1628 3 LK, J W.P.No.30778 of 2022 letter to respondent No.2-Commissioner of Police within one week from the date of receipt of a copy of this order and within one week thereafter, respondent No.2 shall address a letter to the Immigration Authorities and they shall close the Lookout Circular. The whole process shall be completed within a period of four weeks thereafter.
5. Accordingly, the Writ Petition is disposed of. No order as to costs.
6. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.
____________________________ SMT LALITHA KANNEGANTI, J 29th July, 2022.
sj