The fundamental rights of a citizen can only be curtailed by a procedure known to law, and the police must be cautious when issuing Look Out Notices, ensuring strict compliance with guidelines and balancing the interests of the accused and societal interest.

ORDER :

This Writ Petition is filed seeking the following relief:

“to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent No.2 in keeping the Look Out Notice issued against the petitioner in force even after grant of bail to the petitioner by the II AJCJ-cum-XIX Addl. Metropolitan Magistrate, Cyberabad at Malkajgiri in C.C.No. 513 of 2021 in Crime No. 86 of 2021 of Kushaiguda Police station after the apprehension of the petitioner by the airport authorities and produced before the Honourable Magistrate by the 3rd respondent police as illegal, arbitrary, against law and is in violation of the fundamental rights guaranteed under Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the Respondent No. 2 to recall the Look Out Notice issued against the petitioner in Crime No. 86 of 2021 of Kushaiguda Police Station and intimate to the authorities to those whom the same was earlier communicated within a stipulated time limit petition and pass such other further or other reliefs as may be deemed fit and proper.”

2. Ms. D. Neeharika Reddy, learned counsel for petitioner submits that petitioner is having a passport issued by the Government of India and also a green-card holder, permanent resident of USA. It is submitted that petitioner’s marriage was performed in the year 2011. Out of the wedlock, they were blessed with two girls, aged about 7 and 5. It is further submitted that immediately after the marriage, petitioner and his wife went to USA and started residing there.

Both the children are born in USA and are citizens. In the month of November, 2019, petitioner’s wife without informing him brought the children to India and continued to stay in India. Initially, petitioner has no clue about the fact that his wife left to India. He made searches for the children and he learnt that on 30th November 2019, along with the children, she reached Hyderabad. Then, petitioner in 2020, came to India to persuade his wife and take her back to USA. But the wife at the instigation of her mother refused to accompany petitioner and also to part with the children unless he transfers all the properties in her name and she also prevented him from visiting the children. It is submitted that to mount pressure on the petitioner, his wife has given a report to the police. Basing on the same, police have registered Crime No. 86 of 2021. It is submitted that after completing investigation, the respondent police have filed charge sheet and the same was numbered as C.C.No. 513 of 2021 on the file of the II Additional Junior Civil Judge-cum-XIX Additional Metropolitan Magistrate, Cyberabad. Learned counsel submits that when petitioner landed in Airport in the morning of 19.02.2022 and was undergoing immigration check, he was apprehended by the Immigration Officer based on the Look out notice. Later, he was handed over to the 3rd respondent. Subsequently, he was arrested and produced before the II Additional Junior Civil Judge-cum-XIX Additional Metropolitan Magistrate, Cyberabad. Bail was granted to petitioner on executing a personal bond for Rs.10,000/-with two sureties and he is now being represented by a counsel. Learned counsel submits that once bail is granted by the Court, there is no purpose of keeping the said Look out notice pending. It is submitted that in the bail order, Court has also not imposed condition directing petitioner not to leave the country. He submits that it is nothing but violating the fundamental rights of the petitioner and by virtue of this Look out circular, petitioner is not in a position to move out of the country and as petitioner is working in USA, he is also deprived of his livelihood.

3. When this Writ Petition came up before this Court on 17.06.2022, this Court passed a detailed order which reads as under:

“Learned counsel for the petitioner submits that basing on the complaint given by the wife of the petitioner