SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2024 Supreme(Online)(TEL) 15897

THE HON’BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION Nos.11018, 11190 and 11203 OF 2024

COMMON ORDER:

Since all the writ petitions have been filed to call for the records pertaining to the Lookout Circular issued against the petitioners in Crime No.18 of 2018, they have been heard together and disposed of by this common order.

2. The case of the petitioners is that petitioner in W.P.No.11018 of 2024 is arrayed as accused No.4, petitioner in W.P.No.11190 of 2024 is arrayed as accused No.3 and petitioner in W.P.No.11203 of 2024 is arrayed as accused No.5 in Crime No.18 of 2018 registered for the offences punishable under Sections 120-B read with 406, 420, 468 and 471. It is the further case of the petitioners that the Central Bureau of Investigation (CBI), who registered the crime against the petitioners, after concluding investigation, has laid charge sheet on 17.02.2021 and the same has been taken cognizance in C.C.No.4707 of 2021 without mentioning their names in the charge sheet.

3. Sri C.B.Ram Mohan Reddy, learned Senior Counsel representing Sri Siddharth C.B., learned counsel appearing for the petitioners vehemently contended that the petitioners have not been shown as accused in charge sheet filed by CBI. However, on the request of CBI, the Immigration Officer- respondent No.2 in W.P.No.11018 of 2024 being originating authority has issued Lookout Circular against the petitioners in Crime No.18 of 2018. Learned Senior Counsel further contended that since the petitioners have not been made as an accused, the Lookout Circulars issued against the petitioners are liable to be set aside, therefore he seeks a direction to the CBI to address respondent No.2 for deletion of their names. Learned Senior Counsel further submits that earlier accused No.5 has filed W.P.No.44218 of 2022 before this Court praying to call for records relating to issuance of Lookout Circular against the petitioner in W.P.No.11203 of 2024 and this Court, after referring various judgments of the Hon’ble Apex Court, disposed of the said writ petition directing the CBI to forthwith conduct review of Lookout Circular issued against the petitioner in terms of official memorandum dated 22.02.2021 basing on the information available with it within a period of two weeks from the date of receipt of a copy of the order. It is further contended by the learned Senior Counsel that even after issuing directions by this Court to review the Lookout Circular and even though the names of the petitioners are not mentioned in the charge sheet, the CBI has not addressed any communication to respondent No.2 for deletion of their names from the Lookout Circulars maintained against the petitioners.

4. Sri Srinivas Kapatia, learned Special Public Prosecutor for CBI, on instructions, would submit that accused No.2 in Crime No.18 of 2018 has been expired and for the purpose of further investigation, petitioners’ presence is required to enable them to file additional charge sheet, as and when necessary.

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 Lookout 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.

6. In the instant case, admittedly, CBI has

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top