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2025 Supreme(Online)(Tel) 46753

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
Shaik Jan Bee @ Sowmya John – Appellant
Versus
Union of India – Respondent
WP 23525/2025



THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

The petitioner is aggrieved by the action of the respondents in keeping the Look Out Circular issued against the petitioner in force inspite of the suspension of LOC in Crl.MP. No.1197 of 2024 in Cr.No.230 of 2024 dated 09.10.2024 by the III Additional Chief Metropolitan Magistrate at Hyderabad, petitioner filed the present writ petition is filed with a consequential prayer to direct the respondents to allow the petitioner to travel abroad which is scheduled on 15.08.2025 to 26.08.2025 without any hindrance/obstruction by deleting the LOC issued against the petitioner in view of the suspension of LOC.

2. Brief facts of the case are that the petitioner is having valid Passport bearing No.U7385908 upto 05.10.2030. The petitioner being an Actor by profession need to travel different countries for shooting purposes and during her travel on 20.07.2025 from United States of America to Hyderabad upon arrival at Rajiv Gandhi International Airport, she was stopped by the immigration authorities and informed that LOC is issued against her and until they receive the confirmation from the Police department they are not going to allow entry or exit.

3. The learned counsel for the petitioner would submit that the LOC issued against the petitioner was suspended by the III Additional Chief Metropolitan Magistrate, Hyderabad in Crl.MP. No.1197 of 2024 in Cr.No.230 of 2024 dated 09.10.2024. The petitioner filed Crl.P.No.2478 of 2024 for quashing the Cr.No.230 of 2024 before this Court and the same was disposed of on 04.03.2024 directing the petitioner to appear before the Investigating Officer on or before 11.03.2024 between 11:00 am and 5:00 pm., and accordingly, the petitioner is cooperating with the Investigating Officer and the investigation is completed. Thereafter, the petitioner filed W.P. No.27567 of 2024 challenging the LOC and the said writ petition was disposed of directing the petitioner to submit an application before the concerned Magistrate Court seeking suspension of LOC. Accordingly, the petitioner filed Crl.MP. No.1197 of 2024 in Cr.No.230 of 2024 on the file of the III Additional Chief Metropolitan Magistrate for suspension of the Look Out Circular whereby the III Additional Chief Metropolitan Magistrate suspended the LOC by order dated 09.10.2024 with a direction to the petitioner to cooperate with the Investigation Officer and shall not leave the country without prior permission of the Court.

4. It is further submitted that as the purpose of LOC is to secure the presence of the petitioner before the Court and the III Additional Chief Metropolitan Magistrate suspended the LOC, it is the duty of the respondents to withdraw the LOC issued against the petitioner. Though the suspension order was passed by the Court, the LOC is still in force as was informed by the Immigration authorities when they stopped the petitioner at airport on 20.07.2025. Since the petitioner need to travel to New York on 15.08.2025 to 26.08.2025 for shooting, there is every chance of stopping the petitioner by the Immigration authority from travelling.

5. The learned Assistant Government Pleader for Home has placed a copy of the letter dated 24.05.2025 addressed by the Inspector of Police, Banjara Hills, Hyderabad, to the Deputy Commissioner of Police, CCS-DD, Hyderabad requesting that the LOC issued against the petitioner may be withdrawn.

6. Further, the learned counsel representing the learned Deputy Solicitor General of India placed a copy of the written instructions dated 05.08.2025 wherein at paras No.2 and 3 stated as under:

“2. It is further informed that, in accordance with para 6 (N) (iv) of the MHA guidelines on LOC issued vide OM No.25016/10/2017-Imm (Pt.) dated 22.02.2021, in case the LOC is challenged and stayed by the concerned Court or a Court issues any directive with regard to the LOC, the originator must inform the BOI urgently and accordingly seek amendment/deletion of the LOC. Para ^(G)

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