THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.32205 of 2025

ORDER

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been filed seeking the following prayer:-

“…declaring the action of the 4^th respondent in issuing and continuing the Look-Out Circular No.2017421782 against the petitioner as being violative of Articles 14, 19 and 21 of the Constitution of India and consequently set aside the Look-Out Circular issued against the petitioner in connection with C.C.No.6507 of 2017 on the file of the Hon’ble Principal Junior Civil Judge-cum-Metropolitan Magistrate Kukatpally...”

3. The facts of the case in brief as stated are that petitioner’s wife lodged a complaint dated 19.08.2017 before respondent No.4 pursuant to which an FIR was registered in Cr.No.1095 of 2017 for the offences under Section 498-A and Sections 3 and 4 of DP Act, 1961. Petitioner is arrayed as Accused No.4 in the said FIR. It is submitted that respondent No.4 filed charge sheet without conducting proper investigation and accordingly issued a Look-out Circular against the petitioner while he was in USA.

The said charge sheet was numbered as C.C.No.6507/2017 before Principal Junior Civil Judge-cum-Metropolitan Magistrate, Kukatpally. It is submitted that on 27.08.2025, when the petitioner travelled to India, he was detained by immigration authorities who informed that an active LOC had been issued in his name. Subsequently, respondent No.4 issued a notice under Section 41-A Cr.P.C. and he was allowed to proceed to his residence as there was no non-bailable warrant. It is submitted that petitioner is permanent resident of San Francisco, USA and has been diligently attending the proceedings in C.C.No.6507/2017 and he is required to travel to San Francisco due to professional and personal obligations. Questioning the issuance of said LOC, the present writ petition is filed.

4. Learned Assistant Government Pleader for Home appearing for respondents placed on record instructions issued by Sub- Inspector of Police, Cyberabad Commissionerate, and would submit that one K.Latha lodged a complaint with respondent No.4 on 09.08.2017 with regard to dowry harassment against petitioner herein and others. Accordingly, a complaint was registered in Cr.No.1095/2017 under Section 498-A and Sections 3 and 4 of DP Act and investigation has been taken up. During the investigation, the Investigation Officer examined witnesses and recorded their statements and also issued notices under Section 41-A Cr.P.C. to petitioner and others. After completion of investigation, a charge sheet has been filed in C.C.No.6507/2017 and the case is pending trial on the file of Principal Junior Civil Judge – cum – Judicial Magistrate, Kukatpally. It is submitted that petitioner is resident of USA, and if LOC is deleted against him, there is every possibility that petitioner may escape from the clutches of law and prayed to dismiss the present writ petition.

5. At this, learned counsel for the petitioner submits that petitioner is presently residing in Hyderabad and they would follow due procedure as contemplated under law for the purpose of travel.

6. In that view of the matter, since, charge sheet has already been filed, petitioner shall file appropriate application before the Principal Junior Civil Judge – cum Judicial Magistrate, Kukatpally for the purpose of travel. After such application is allowed by the trial Court, there shall not be continuation of LOC against the petitioner. However, till such application is filed and the same is allowed, the LOC shall continue.

7. With the above directions, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed.

No order as to costs.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 03.11.2025 mrm