Telangana High Court
Dr. Chintapalli Venkateswara Rao vs The State Of Telangana, And 5 Others on 12 November, 2021
Author: B.Vijaysen Reddy
Bench: B.Vijaysen Reddy
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THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION No. 28629 OF 2021
O R D E R:
The grievance of petitioner is that Look out Circular (LOC) dated 06.03.2021 was issued against him pursuant to registration of FIR No. 28 of 2021 under Sections 498-A and 506 IPC. read with Section 4 of Dowry Prohibition Act. Petitioner states that he acquired UK citizenship and holds British Passport. He settled down in UK along with wife - Respondent No.6. However, due to matrimonial disputes between them, Respondent No.6 lodged complaint in FIR No. 28 of 2021. He came to India on 31.08.2020 and due to Covid -19 pandemic, he has been working from home. He is a Director Consultant of AstraZeneca, Cambridge, UK and is receiving calls from his employer to report back to UK.
Learned counsel for petitioner submits that pursuant to notice under Section 41-A Cr.P.C. , his client cooperated with investigation, police filed charge-sheet, case was numbered as C.C.No. 2170 of 2021 and is pending trial before Special Judicial First Class (Excise) Magistrate at Karimnagar. Learned counsel states that there is imminent urgency for petitioner to travel UK as otherwise there is risk of his losing employment.
Learned Assistant Government Pleader for Home submits that petitioner may be directed to approach the Magistrate Court and file an Application for withdrawal of LOC and he relies upon judgment of this Court dated 06.03.2015 in Writ Petition No. 3213 of 2015.
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In view of the above circumstances, this Court is of the opinion that petitioner be directed to approach Special Judicial First Class (Excise) Magistrate, Karimnagar and file an Application for withdrawal / suspension of LOC or permission to travel abroad. On such Application being filed, the learned Magistrate shall pass orders within two days thereafter by taking into consideration the fact that petitioner is a citizen of UK and employed in AstraZeneca. In the event the Magistrate Court is inclined to permit petitioner to travel abroad, reasonable conditions may be imposed so as to ensure his cooperation during trial.
With this, the Writ Petition is disposed of. No costs. Consequently, the miscellaneous Applications, if any shall stand closed.
_________________________ B.VIJAYSEN REDDY,J 12th November 2021 Issue CC today ksld