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2021 Supreme(AP) 289
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHEEKATI MANAVENDRANATH ROY, J.
Papanboina Giridhar Papanaboina Venkata Giridhar - Petitioner
Versus
The State of Andhra Pradesh - Respondent
Writ Petition No. 24541 of 2021
Decided On : 28-10-2021
For the Petitioner: Nagaraju Naguru.
For the Respondent: GP For Home.
Point of Law: When no LOC was issued as pleaded by the petitioner, the question of declaring that the said LOC is illegal does not arise at all.
Headnote:
Constitution of India - Article 226 - Indian Penal Code, 1860 - Sections 498-A - Dowry Prohibition Act, 1961 - Sections 3 and 4 - Cruelty to women - Detention - Petition filed seeking mandamus declaring the action of the 2nd respondent in issuing Look out Circular (LOC) against the petitioner in Crime without following the procedure to detain the petitioner in Immigration Check Point in India at any Airport as illegal, arbitrary and unconstitutional and consequently sought suspension of the said LOC issued by the 2nd respondent prohibiting the petitioner to travel abroad - Whether detention is valid.
Finding of the Court: When no LOC was issued as pleaded by the petitioner, the question of declaring that the said LOC is illegal does not arise at all - Writ Petition appears to be a pre-mature Writ Petition.
Result: Petition disposed of.
ORDER :
1. This Writ Petition has been filed seeking mandamus declaring the action of the 2nd respondent in issuing Look out Circular (LOC) against the petitioner in Crime No.258 of 2021, dated 29.09.2021, without following the procedure to detain the petitioner in Immigration Check Point in India at any Airport as illegal, arbitrary and unconstitutional and consequently sought suspension of the said LOC issued by the 2nd respondent prohibiting the petitioner to travel abroad.
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.
3. As can be seen from the material available on record, the petitioner did not produce any such LOC said to have been issued by the 2nd respondent, which is now sought to be suspended. Answering the question posed by the Court, learned counsel for the petitioner would submit that proforma for issue of look out circular is only produced before this Court and the said copy of LOC is not produced by the petitioner said to have been issued by the 2nd respondent. Therefore, this Court has directed learned Assistant Government Pleader for Home appearing for respondents 1 to 4 to ascertain whether any LOC was in fact issued against the petitioner or not and posted the matter to this day on 27.10.2021. Today, on instructions, learned Assistant Government Pleader for Home would submit that only process has been initiated for issuance of look out notice against the petitioner as a case in Crime No.258 of 2021 for the offences punishable under Sections 498-A, 494 IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, was registered against him in Disha Women Police Station, SPSR Nellore District. Learned Assistant Government Pleader for Home would submit that no such LOC was issued as on today as contended by learned counsel for the petitioner.
4. Therefore, when no LOC was issued as pleaded by the petitioner, the question of declaring that the said LOC is illegal does not arise at all. The Writ Petition appears to be a pre-mature Writ Petition.
5. Therefore, the Writ Petition is disposed of with a direction to the petitioner to file a fresh Petition if at all any such LOC is issued by respondent – police officials against him, before the authority who issued the LOC or before the trial Court in view of the judgment rendered in the case of Dasari Sudheer v. State of Andhra Pradesh, 2015 (3) ALT 1.
6. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
