THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.20410 of 2025

ORDER

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 and learned Standing Counsel for respondent No.4.

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

“Questioning the action of respondent Nos.1 to 4 in issuing the Look Out Notice/Look Out Circular against the petitioner No.1 against the passport document bearing No.RA8283038 in connection with Charge Sheet in C.C.No.770 of 2022, dated 23.08.2022 under Sections 420, 498-A of IPC and Sections 3 & 4 of D.P. Act pending on the file of the learned Judicial First Class Magistrate at Bhongir; their such action being illegal, arbitrary, contrary to law and an abuse of the authority and process of law and in clear violation of Article 21 of the Constitution of India and consequently direct the respondent Nos.1 to 4 to forthwith withdraw the name of the petitioner No.1 from Look Out Circular in connection with charge sheet in C.C.No.770 of 2022 dated 23.08.2022 under Sections 420, 498-A of IPC and Sections 3 & 4 of D.P. Act pending on the file of the learned Judicial First Class Magistrate at Bhongir.

3. Brief facts of the writ petition are that petitioner No.1 is authorized by his father i.e., petitioner No.2 submits that petitioner No.1 is a resident of Unit 11, 26 Clifton Street, Suburb, Blacktown, State: New South Wales 2148, Australia and has been residing there since 2006. A Look Out Notice/Look Out Circular has been issued and the same has been kept pending against the petitioner No.1 bearing Document bearing No.RA8283038 in connection with charge sheet in C.C.No.770 of 2022 dated 23.08.2022 under Sections 420, 498-A of IPC and Sections 3 and 4 of D.P. Act pending on the file of the learned Judicial First Class Magistrate at Bhongir based on the complaint given by the respondent No.5 who is wife of the petitioner No.1. On 15.06.2022, before the S.H.O., Bhongir Women’s Police Station, Rachakonda complaint dated 01.07.2022 in D.V.C.No.16 of 2022 under Sections 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005 which is pending before the Additional Judicial First Class Magistrate at Bhongir. Petitioner No.2 has made representations on 19.04.2024, 01.12.2024 and 18.03.2025 to Commissioner of Police, Deputy Commissioner of Police and to the SHO, praying to withdraw the Look Out Notice which has been issued against his son i.e., petitioner No.1. It is further submitted that petitioner has immediately responded to the notice under Section 41-A of Cr.P.C through their counsel. It is further submitted that petitioner No.1 wanted to travel India but in view of the Look Out Notice issued against him is causing hardship petitioner No.1 also submits that he would cooperate with the conduct of the Court proceedings or trial as and when his presence is required.

4. When the matter is taken up for hearing, the petitioner No.1 had filed an Affidavit and stated that a charge sheet has already been filed in C.C.No.770 of 2022 dated 23.08.2022 under Sections 420, 498-A of IPC and Sections 3 and 4 of D.P. Act which is pending on the file of the learned Judicial First Class Magistrate at Bhongir and would submit that his mother is a cancer patient and due to the said Look Out Circular in connection with charge sheet in C.C.No.770 of 2022 dated 23.08.2022, he is unable to visit India and submits that he will cooperate with the Court proceedings for trial whenever his presence is required. Learned counsel for the petitioners would further submit that the matter is pending before the trial Court and is listed on 23.10.2025; Along with the said affidavit filed copies of the one-way travel tickets i.e., from Sydney to Hyderabad and stated that petitioner No.1 is coming to Hyderabad on 22.10.2025. Learned counsel for the petitiones on instructions would further submit that petitioner No.1 would file an a