THE HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.35060 OF 2023

ORDER

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief:

“…to issue a Writ, Order or Direction, 1. Writ of Mandamus by suspending the Look Out Circular pending against the petitioner for a period from 1st January, 2024 to 15^th May, 2024 issued against him by the respondent No.4 to 6 and consequently direct the respondent no.2 and 3 not to take any coercive against during the travel.

2. To Set aside the order in Crl.Mp.4122 of 2023 in LPC No.6 of

2018 in CC No.255 of 2011 passed by Hon’ble XV Addl. Chief Metropolitan Magistrate, thereby permitting the petitioner to travel abroad from 1^st January, 2024 to 15^th May, 2024.

3. Direct the respondent No.2 and 3 not to interfere with the travel of the petitioner to and from India during 1^st January, 2024 to 1^st March, 2024 under the guise of LPC 6 of 2018 in CC No. 255 of 2011 pending on the file of Hon’ble XV Addl. Chief Metropolitan Magistrate, Hyderabad.…”

2. When the matter is taken up for hearing, learned counsel for the petitioner submitted that he is not pressing the second relief sought in the Writ Petition i.e, to set aside the order dated 16.12.2023 passed in Crl.M.P.No.4122 of 2023 in L.P.C.No.6 of 2018 in C.C.No.255 of 2011 by the learned XV Addl. Chief Metropolitan Magistrate. Permission is accorded and accordingly, the relief No.2 sought by the petitioner is dismissed as not-pressed.

3. The learned counsel for the petitioner submits that basing on the complaint dated 27.11.2006 lodged on the file of respondent No.6, a case in Crime No.128/2006 was registered against the petitioner for the offences under Sections 498A, 494 and Sections 3 and 4 of DP Act. It is further submitted that after completion of investigation in the said case, charge sheet was filed on the file of VIII Additional Chief Metropolitan Magistrate, Hyderabad and the same was numbered as C.C.No.39 of 2008. Thereafter, the said C.C was transferred to the file of XV Additional Chief Metropolitan Magistrate, Hyderabad and renumbered as C.C.No.255 of 2011. The learned counsel further submitted that since Non-Bailable Warrants are pending against the petitioner/A.1 and A.2, the case was renumbered as LPC No.6 of 2018. Seeking to recall the Non-Bailable Warrant (NBW) issued against the petitioner/A.1, the petitioner filed Criminal Petition No.10736 of 2023 on the file of this Court and this Court vide order dated 01.11.2023 disposed of the said Criminal Petition recalling the NBW issued against the petitioner. In view of recalling the NBW, the trial Court vide order dated

06.03.2024 reverted the LPC No.6 of 2018 to C.C.No.255 of 2011. It is further submitted that the respondents have opened Look Out Circular (LOC) against the petitioner, due to which, the petitioner is unable to travel to USA to attend his job.

4. Per contra, the learned Assistant Government Pleader for Home has submitted that since Non-Bailable Warrants were pending against the petitioner/A.1 and A.2, the C.C.No.255 of 2011 was categorised as LPC No.6 of 2018. It is further submitted that as the NBWs issued against the A.1 and A.2 were recalled, the trial Court vide order dated 06.03.2024 reverted the LPC No.6 of 2018 to C.C.No.255 of 2011 and the same is pending for trial.

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