Andhra Pradesh High Court - Amravati
Mohammad Moin Hasan Khan, vs The State Of Andhra Pradesh, on 16 December, 2022
Author: R. Raghunandan Rao
Bench: R. Raghunandan Rao
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.22657 of 2022
ORDER:
The petitioners are accused Nos.1 to 4 in Crime No.636 of 2021 on the file of Bhavanipuram Police Station, for offences under Sections 498-A of IPC and Sections 3 & 4 of Dowry Prohibition Act. Apart from Sections 3 & 4 of Muslim Women (Protection Rights on Marriage) Act, 2019.
2. The petitioners are said to be residing at Sharjah United Arab Emirates for the purpose of their employment. As they were not available in India for being questioned after filing of the said complaint, Look Out Circulars were issued in their names. The petitioners being aggrieved by the said Look Out Circulars dated 19.04.2022, had approached this Court to set aside the said Look Out Circulars as they were willing to appear before the Investigating Officer. It is submitted that the petitioners 1, 3 & 4, even during the pendency of the Look Out Circulars, had appeared before the investigating officer and had been issued notices under Section 41A of Cr.P.C and are cooperating in the investigation. Thereafter, the investigating officer, who is arrayed as respondent No.3 had written to the respondents 4 and 5, for cancellation of the Look Out Circulars against these petitioners. Subsequently, the 2nd petitioner who 2 was residing in Sharjah had sought suspension of the Look Out Circular to enable him to appear before the investigating officer by travelling to India. This Court, by an order dated 02.12.2022, had suspended the said Look Out Circular up to 10.01.2023.
3. The 2nd petitioner entered India on 10.12.2022 and has been served with a notice under Section 41A of Cr.P.C by the 3rd respondent.
4. In such circumstances, the 2nd petitioner has moved I.A.No.5 of 2022, for cancellation of the Look Out Circular issued against him as he has appeared before the investigating officer and he is cooperating in the investigation. He would further submit that the investigating officer, having recommended cancellation of Look Out Circular in relation to petitioners 1, 3 & 4 on same grounds, should also have no objection if the Look Out Circular issued against the 2nd petitioner is set aside.
5. Heard Sri Arjampudi Rama Koteswara Rao, learned counsel for the petitioner, Sri Mohannair Rajeev Kumar, learned counsel for the 6th respondent/de facto complainant, G.Sai Narayana Rao, learned standing counsel for Central Government and the learned Government Pleader for Home.
6. In view of the fact that all the petitioners have now appeared before the investigating officer and have been served 3 with notices under Section 41 A of Cr.P.C, nothing would further survive for continuation of the Look Out Circular dated 19.04.2022.
7. Accordingly, the lookout circular dated 19.04.2022 issued against the petitioners in relation to Crime No.636 of 2021 on the file of Bhavanipuram Police Station is hereby set aside. Further, the petitioners shall present themselves before the investigating officer or the trial Court, as and when called upon to appear before them.
8. Accordingly, this Writ Petition is allowed. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J.
16.12.2022 RJS 4 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.22657 of 2022 16.12.2022 RJS