APHC010071032026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]

(Special Original Jurisdiction)

THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 3979/2026 Between:

1. SAMMETA SWARNALATHA,, W/O. S. NAGARAJU, AGED ABOUT 58 YEARS, R/O. D.NO. 371, PRAKASHNAGAR, CHINNAMPALLE VILLAGE OBULAVARIPALLI MANDAL, Y.S.R. KADAPA DISTRICT.

...PETITIONER AND

1. THE UNION OF INDIA, MINISTRY OF HOME AFFAIRS, BUREAU OF IMMIGRATION, REP, BY ITS COMMISSIONER, EAST BLOCK VLLL, LEVEL IV SECTOR-1 R.K PURAM, NEW DELHI. 110066.

2. THE MINISTRY OF EXTERNAL AFFAIRS, REP, BY ITS SECRETARY GOVERNMENT OF INDIA PATIALA HOUSE, TILAK MARG-SECTOR-1, R.K. PURAM, NEWDELHI. 110001.

3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO HOME DEPARTMENT AMARAVATI, ANDHRA PRADESH.522503.

4. THE IMMIGRATION OFFICER, , CHENNAI AIRPORT, MINISTRY OF HOME AFFAIRS. GOVERNMENT OF INDIA CHENNAI,600016

5. THE SUPERINTENDED OF POLICE, KADAPA, Y.S.R.

KADAPA DISTRICT,516001

6. THE OBULAVARIPALLI POLICE STATION, OBULAVARIPALLI ANNAMAYYA DISTRICT516108 ...RESPONDENT(S):

Counsel for the Petitioner:

1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S):

1. GP FOR HOME

2.

THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY Order:

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

“….pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3, 5 and 6 respondents in issuing the Lookout Circular (LOC) and continuing further against the petitioner Pass Port No. S2351487 in connection with the Crime No.214 of 2025 of Obulavaripalli Police Station, Y.S.R. Kadapa District as illegal, arbitrary, unjust and contrary to law and the orders of this Hon'ble court in WP.No.2269/2026 dated 04.02.2026 and set aside the same or consequently direct the respondent Nos.3, 5 and 6 to withdraw the lookout circular (LOC) issued against the petitioner Pass Port No.S2351487 forth with enabling the petitioner to travel from Chennai to Kuwait and pass.”

2. Case of the petitioner herein is that the respondent authorities opened a Look Out Circular against the petitioner in connection with Crime No. 214 of 2025 of Obulavaripalli Police Station, registered for the offences punishable under Sections 85 read with 3(5) of BNS and Sections 3 and 4 of the Dowry Prohibition Act. It is her case that she is an employee working in Kuwait, and her presence there is very much necessary for the continuation of her employment; otherwise, her employer may terminate her services, and her presence is likewise necessary at her workplace. It is her case that except for the aforesaid crime, there are no other criminal proceedings pending against the petitioner. Moreover, the crime registered against the petitioner pertains to Section 85 read with 3(5) of BNS and Sections 3 and

4 of the Dowry Prohibition Act.

3. Heard both sides. Perused the record.

4. On the other hand, learned Assistant Government Pleader for Home contended that if the Look Out Circular issued against the petitioner is cancelled, there is every likelihood of petitioner avoiding investigation and judicial process, and hence, he prayed to dismiss the Writ Petition.

5. 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 contingenci