THE HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO.30717 OF 2023

ORDER:

This Writ Petition is filed seeking the following relief:-

“…to issue writ or direction in the nature of writ more particularly a Writ of Mandamus declaring the action of the respondents 2 to 4 in issuing LOC (Look Out Circular) against the petitioner in FIR in Crime No.397 of 2022 dated 04.11.2022 registered under Section 3 read with Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, without proper enquiry at the instance of the respondent No.3, as illegal, arbitrary, capricious and violative of Articles 19 and 21 of the Constitution of india besides violative of principles ofnatural justice and consequently direct the respondent Nos.2 to 4 to set aside the LOC in FIR in Crime No.397 of 2022 dated 04.11.2022 and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case.”

2. The petitioner is the husband of the sixth respondent. There are matrimonial disputes between the petitioner and the sixth respondent, which necessitated the sixth respondent to file a complaint against the petitioner. Acting on the complaint, a case in Crime No.397 of 2022, dated 04.11.2022 was registered for the offence under Section 3 read with Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. It is stated that, pending investigation in the said crime, another crime was registered in Crime No.848 of 2022, dated 19.11.2022 for the offences punishable under Sections 498-A, 406 and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. After completion of investigation, a charge sheet was filed and the same is pending for trial. It is further stated that, acting on the complaint submitted by the sixth respondent, LOC was issued against the petitioner in the said cases and the petitioner was not allowed to move freely and travel abroad. Questioning the action of the respondents in issuing LOC in Crime No.397 of 2022 (C.C.

number is awaited), the present writ Petition is filed.

3. This Court, vide interim order, dated 06.11.2023, permitted the petitioner to file appropriate application seeking permission of the Court concerned if at all he intends to travel abroad.

4. Since it is stated that the charge sheet has been filed and the petitioner has also submitted an explanation in Crime No.397 of 2022 after receipt of notice issued under Section 41-A Cr.P.C., there is no necessity to maintain LOC against the petitioner.

5. The Ministry of Home Affairs, Foreigners Division, (Immigration Section), Government of India, has issued Office Memorandum dated 22.02.2021 framing consolidated guidelines for issuance of Look Out Circulars in respect of Indian Citizens and foreigners. As per Clause 6(L) of the said guidelines, in exceptional cases, LOCs can be issued even in such cases, as may not be covered by the guidelines above, whereby departure of a person from India may be declined at the request of any of the authorities mentioned in clause (B), if it appears to such authority based on inputs received that the departure of such person is detrimental to the sovereignty or security or integrity of India or that the same is detrimental to the bilateral relations with any country or to the strategic and/or economic interests of India or if such person is allowed to leave, he may potentially indulge in an act of terrorism or offences against the State and/or that such departure ought not be permitted in the larger public interest at any given point of time. As per the Circular Memorandum dated 01.07.2022 vide C.No.3089/C-3/IP/CID/2019-22 issued by the Director General of Police, Telangana, Hyderabad, in all cases where the person against whom LOC has been opened is no longer wanted by the Originating Agency or by the Competent Court, the LOC deletion request must be conveyed to Bureau of Immigration immediately so that liberty of the individual is not jeop