Order:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief;

“….to issue direction or Order more in the nature of Writ of Mandamus declaring the Look Out Circular (LOC) issued against the Petitioner by the Respondents 1 to 3 at the instance of Respondents 4 to 6 in CC.No.1658 of 2022 on the file of the JFCM, Special Mobile Court Nellore in Crime No 340 of 2021 of Disha Police Station Nellore Town of SPSR Nellore District Andhra Pradesh as arbitrary, illegal ultra vires, and Unconstitutional and to consequently set aside the same and to pass…”

2. It is the case of the petitioner that his marriage was performed with one Maganti Hemalatha on 12.08.2012 at Venkata Reddy Nagar, Nellore. He was working as a Software Engineer at Malaysia and after marriage he shifted his family to Malaysia. A few months later, his wife came to India. In the year 2017, she got job in USA and therefore, the petitioner also quit his job in Malaysia and went to USA to study MS. Therefore, in the month of December, 2021, she lodged a complaint against the petitioner herein and his family members, which was registered as a case in Crime No.340 of 2021 of Disha Women Police Station, Sri Potti Sri Ramulu Nellore District, for the offences punishable under Sections 420, 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. In the complaint it is alleged that the petitioner herein and his family members harassed her both mentally to transfer her house plots and her joint share of ancestral property and demanded an amount of Rs.50.00 lakhs. After completion of investigation, charge sheet was filed and the same was taken on file as C.C.No.1658 of 2022 on the file of Judicial Magistrate of First Class (Special Mobile), Nellore. In view of his absence in the aforesaid case, the impugned Look Out Circular has been issued against the petitioner herein. Hence, he filed the present Writ Petition.

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner does not know about the registering of crime or filing of charge sheet against him. He did not receive any summons or notice either from the police or from the Court regarding the said case. LOC cannot be issued as a matter of course, except when reasons exist, where an accused deliberately evades arrest or does not appear in the trial Court. The petitioner by virtue of his employment and immigration requirement is required to come to India for his Visa stamping either in Chennai or in Hyderabad at an early date, but this LOC is preventing him from entering into India.

4. Learned Government Pleader for Home opposed the petition and prays to dismiss the same.

5. Heard both sides. Perused the record.

6. The Look Out Circular (LOC) has not been defined anywhere legally. In Sumer Singh Saikan Vs Assistant Director’s case in W.P.(Crl.) No.1315 of 2008 and Crl.Ref.No.1 of 2006, High Court of Delhi held that LOC can be taken by investigating agency in cognizable offences under IPC or other penal laws where the accused was deliberately evading arrest or not appearing in the trial Court despite NBWs and other coercive measures and if there is any likelihood of accused leaving the country to evade trial/arrest and only in those circumstances, LOC can be opened as against the accused therein. It is trite that the recourse can be had for issue of LOC by the police only in drastic contingencies. Without there being any proper procedure followed, coming to conclusion, to issue LOC is bad. It is not that the accused is not cooperating with the trial or is evading arrest. In W.P.No.12687 of 2022, dated 02.5.2022, this Court held as hereunder:

“POINT: I gave my anxious consideration to the above respective submissions. It is trite that the recourse can be had for 1 2015 SCC OnLine Hyd 816 = (2015) 3 ALT 1 5 issue of LOC only in extreme cases where the investigating agency establishes that the accused in cognizable cases deliberately evaded arrest or not appe