Delhi High Court - Orders
Nimmagadda Upendranath vs Union Of India & Anr on 11 January, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2609/2021
NIMMAGADDA UPENDRANATH ..... Petitioner
Through: Mr.Mayank Jain, Advocate.
versus
UNION OF INDIA & ANR. ..... Respondent
Through: Mr.Anurag Ahluwalia, CGSC with
Mr.Rishab, Advocate for R-1/UOI.
Mr.Gowtham Polanki, SC for R-
2/State of Andhra Pradesh.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 11.01.2022 (through Video Conferencing) Pursuant to the proceedings dated 29.12.2021 wherein, it had been submitted on behalf of the respondent no.2 that the lookout circular in question had been issued only in as much as the respondent no.2 was clueless about the whereabouts of the petitioner and all that the respondent no.2 sought was to serve the requisite notice under Section 41A of the Cr.P.C. to the petitioner and that the respondent no.2 had no intent whatsoever to initiate any coercive action presently against the petitioner with it having also been observed vide the said proceedings that vide order dated 07.05.2021 in Crl.Petition No. 2624/2021 of the High Court of Andhra Pradesh at Amaravati, it had been ordered to the effect:-
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:31.01.2022 15:06:56 This file is digitally signed by PS to HMJ ANU MALHOTRA.
"Accordingly, the investigating officer may call for the presence of the petitioners by way of a written notice with a minimum time period of seven days being granted for such appearance. The investigating officer may also consider the fact that these petitioners are presently needed for an effective response against the covid pandemic before issuing any notice.", and that pursuant to the directions dated 29.12.2021, the notice under Section 41A of the Cr.P.C. in relation to FIR No. 85/2021, Police Station Guntur District has since been served on the petitioner by the respondent no.2 with it having been submitted now on behalf of the respondent no.2 that thus, there is no opposition to the prayer made by the petitioner vide the present petition seeking the quashing of the lookout circular issued against the petitioner by the respondents.
In view of the said submission that has been made on behalf of the respondent no.2, it is not considered essential to delve presently into the aspect of prayer Clause (a) and (b) made in the present petition. As regards prayer Clause (d), the said aspect has already been dealt with vide order dated 29.12.2021 and apparently, the petitioner had been released on 29.12.2021 itself.
On behalf of the respondent no.1, it had already been submitted by the learned CGSC on 29.12.2021 that the lookout circular against the petitioner had been issued only on the request of the respondent no.2 i.e. the State of Andhra Pradesh.
At this stage, learned CGSC for the respondent no.1/UOI submits that the lookout circular dated 22.07.2021 that had been issued against the petitioner was in relation to FIR No.346/2021 dated 19.07.2021, PS Guntur, whereas, the averments that have been made in the present petition relate to Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:31.01.2022 15:06:56 This file is digitally signed by PS to HMJ ANU MALHOTRA.
FIR No.85/2021, PS Guntur.
Learned Standing Counsel for the respondent no.2 i.e. the State of Andhra Pradesh submits that his instructions which have been adverted to hereinabove in relation to the aspect that the respondent no.2 does not oppose the prayer made by the petitioner seeking the quashing of the lookout circular against the petitioner relate to FIR No.85/2021, PS Guntur and seeks time to seek instructions in relation to a request for issuance of a lookout circular qua FIR No.346/2021, PS Guntur.
It is informed on behalf of the Union of India i.e. the respondent no.1 that there was no request received by the Union of India for issuance of any lookout circular qua FIR No.85/2021, PS Guntur.
The respondent no.2 shall seek instructions in relation to the aspect of any requirement of any lookout circular in relation to FIR No.346/2021, PS Guntur with a copy thereof being placed on the record and the copy of FIR No.85/2021, PS Guntur be also placed on record by the State of Andhra Pradesh.
The matter in the circumstances, be re-notified for 18.02.2022.
ANU MALHOTRA, J JANUARY 11, 2022 nc Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:31.01.2022 15:06:56 This file is digitally signed by PS to HMJ ANU MALHOTRA.