Back
2023 Supreme(Online)(AP) 17770
HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 26540 OF 2023 Between:
1. TALARI HEMANTH KUMAR son of late Subba Rao, Hindu, Aged about D.No. 6-6-72/A 6th lane Arandal Peta, Guntur town, Guntur District.
...PETITIONER(S)
AND:
1. THE STATE OF AP Represented by its Principle Secretary, Home Department, Secretariat Buildings, Velagapudi at Amaravathi, Guntur District.
2. Additional Director General of Police, Crime Investigation Department, Mangalagiri, Andhra Pradesh
3. Union of India of Home Affairs represented by Foreign Regional Registration Office, Bureau of Imigration(MHA), Govt of India, Sardar Vallabhai Patel Bol OCR Complex, Shamshabad-Pahadishareef Road, Near GMR Township(CISF Residential Quarters) Mamidipally, Shamshabad, Telangana - 501218.
4. The Superintendent of Police The Superintendent of Police Guntur, Guntur District.
5. The Disha Urban Police Station Through The Station House Officer, Guntur, Guntur District.
...RESPONDENTS Counsel for the Petitioner(s): A K KISHORE REDDY Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY Writ Petition No.26540 of 2023
Order:
The Writ Petition is filed seeking to declare the action of the respondents in issuing Look Out Circular vide C.No.1144/C61/IP/CID/2023, restraining the petitioner herein to travel United States of America purely on the crime registered vide FIR No.227 of 2023 dated 24.08.2023 for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, as illegal and arbitrary and consequently to direct the respondents to withdraw the said look Out Circular issued against the petitioner.
2. It is the case of the petitioner that his marriage was performed with one Boddeboina Madhu Latha on 17.06.2022 at Gottipati Kalyana Mandapam, Guntur. He was working as a Software Engineer at Hyderabad and after marriage he shifted his family to Hyderabad. In the month of August 2022, he secured job in United State of America and in the month of March 2023 his wife Madhu Latha came to USA on dependent Visa. In the month of July 2023 they returned to India. Since inception of marriage, his wife Madhu Latha suspected him and she lodged a complaint against the petitioner herein and his family members, which was registered as a case in Crime No.227 of 2023 of
2 WP No.26540 of 2023 Disha Urban Police Station, Guntur, for the offence punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. In the complaint Madhu Latha alleged that the petitioner herein and his family members harassed her both mentally and physically by demanding additional dowry and also stated that the petitioner intended to leave her in India and flew away to USA by the end of August 2023. In view of registration of above crime, respondent No.2 herein issued the impugned Look Out Circular against the petitioner herein. Hence, he filed the present Writ Petition.
3. Learned counsel appearing on behalf of the petitioner submits that the Employer of the petitioner terminated the services of the petitioner and called upon him to surrender the software which was entrusted to him during his employment, hence he has to go to USA for surrendering the software, laptop and for vacating the flat and also for sale of his Car purchased at USA, and by virtue of opening of the Look Out Circular, it will be a hurdle for the petitioner herein to travel abroad and in each and every Airport, he would be stopped and his credentials will be questioned by the immigration and he would be restrained in the Airport without issuing boarding pass.
4. Learned Government Pleader for Home opposed the petition and prays to dismiss the same.
3 WP No.26540 of 2023
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
4 WP No.26540 of 2023 deliberately evaded arrest or not appeared despite issuing of NBW and other coercive measures and also that there was every likeliho
