Ballapuram Muni Thukaram, v. The State of Andhra Pradesh,
WP/7435/2025 · 2025-07-06
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12152 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12152 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010142662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 7435 OF 2025 Between: Ballapuram Muni Thukaram, S/o.Muni Venkatappa, Aged 64 years, Occ Retired Teacher, Permanent resident of Pidt No. 109 Opp D-Mart, Karakambadi Road, Vasundara Apartment, Tirupathi, Tirupathi District. Presently residing at C/o.Ram Mohan Pasupuleti, 412 Sanchos circle. Apt 412, Ofallon, Missouri, 63368. USA. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Home Department, Secretariat, Guntur District. 2. The Director General of Mangalagiri, Guntur District. 3. The Superintendent of Police (CID), Police Head Quarters Guntur District. 4. The Deputy Superintendent of Police(CID), Regional Tirupathi District. 5. The Assistant Director, National Crime Bureau Bureau of Investigation CBI, CGO complex. Block No Lodhi Road, New Delhi -110003. Velagapudi, Amaravati Police (CID), Police Head Quarters Mangalagiri, Office, Tirupathi, Interpol Wing Central 4, Ground Floor,
6. The Union of India, Represented by Secretary, Ministry of Home Affairs, Foreigners Division{lmmigration Section), Hall No.18, 2"" Floor, M.D.C.N. Stadium, India Gate, New Delhi. 7. The Superintendent of Police, Annamayya District. (RR6 and 7 are impleaded in lA No.02 of 2025) Annamayya District at Rayachoti per the Court’s order dt.07.07.2025 as ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue a writ, order the High Court may be or direction more particularly one in the nature of WRIT OF MANDAMUS declare the inaction of the respondents in despite the written withdrawing the Red Corner Notice/Lookout Notice, representation submitted by way of legal notice dated 25.02.2025, as illegal, arbitrary, and violative of Articles 14, 19, and 21 of the Constitution of India i line with the principles laid down in in Gattupalli Ujwal vs State of Andhra respondents to withdraw the Red and refrain from taking any Pradesh and consequently direct the Corner Notice/Lookout Notice forthwith action against the petitioner.
coercive lA NO: 1 OF 7n9fi Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased Grant an interim stay on the operation of the Lookout Notice issued against the petitioner and Restrain the praying that in the circumstances stated to respondents from taking any coercive action against the petitioner, including arrest, detention, orders, pending disposal of the or harassment, until further main Writ Petition. (ti- Counsel for the Petitioner: SRI RAJENDRA C Counsel for the Respondent Nos.1 to 4 & 7: GP FOR HOME Counsel for the Respondent No.5:SRI P. S. P. SURESH KUMAR, SPL. PUBLIC PROSECUTOR FOR CBI Counsel for the Respondent No.6:SRI PASALA PONNA SOLICITOR GENERAL OF INDIA RAO,DEPUTY The Court made the following order:
APHC010142662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 7435/2025 Between: Ballapuram Muni Thukaram ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.RAJENDRAC Counsel for the Respondent(S):
1.GP FOR HOME
2. P S P SURESH KUMAR, Spl. Public Prosecutor for CBl The Court made the following:
THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.7435 of 2025
ORDER: -
1. Heard learned counsel for petitioner and learned Assistant Government Pleader for Home for respondents.
2.
Learned counsel for petitioner submits that the petitioner is an accused in Cr.No.231 of 2024 and also Cr.No.135 of 2024 on the file of Madanapalle I Town Police Station. Learned counsel for petitioner submits that even as on the date of registration of those crimes, the petitioner was not in India and he was residing at USA. It is submitted that respondent No.6 has issued \ requisition for opening a Look Out Circular against the petitioner. On the request of respondent No.6, respondent No.7 vide proceedings NO.01/SIC/LOC/ACK/ 2024/- 2400011016 dated 17.08.2024 had opened a look out circular against the petitioner which shall remain in force until the deletion request is received from the originator i.e., respondent No.6.
3.
Learned counsel for petitioner further submits that the petitioner is now intending to return to India and he is apprehending detention, the moment he lands in India at the Airport on account of the Look Out Circular. It is submitted that the petitioner has filed petition seeking anticipatory bail and this court
directed not to take any coercive steps. It is also submitted that the petitioner shall co-operate with the police for investigation whenever required.
4. Considering the facts and circumstances, the Look Out Circular vide proceedings No.OI/SIC/LOC/ACK/ 2024/- 2400011016 dated 17.08.2024 is suspended subject to the petitioner furnishing a detailed itinerary of the schedule visit to India and on receipt of the said itinerary, respondent No.6 shall forthwith communicate to respondent No.7 to close the look out circular. It IS made clear that in the event of the petitioner intends to travel requisite permission from the concerned Magistrate court shall be obtained
5. Accordingly, this writ petition is disposed of. No costs. abroad, As a sequel, miscellaneous petitions, pending, if any, shall stand closed.
Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// f&rdmcER SEC To,
1. The Principal Secretary to Government, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Director General of Police CID, Police Head Quarters, Mangalagiri, Guntur District.
3. The Superintendent of Police CID, Police Head Quarters, Mangalagiri, Guntur District.
4. The Deputy Superintendent of Police CID, Regional Office, Tirupathi, Tirupathi District.
5. The Assistant Director, National Crime Bureau Interpol Wing Central Bureau of Investigation CBI, CGO complex. Block No 4, Ground Floor, Lodhi Road, New Delhi -110003.
6. The Secretary, Ministry of Home Affairs, Union of India, Foreigners Division(lmmigration Section), Hall No. 18, 2^^ Floor, M.D.C.N. Stadium, India Gate, New Delhi.
7. The Superintendent of Police, Annamayya District at Rayachoti, Annamayya District.
8. One CC to Sri Rajendra C, Advocate [OPUC]
9. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India, High Court of A.P.[OPUC]
10. One CC to Sri P. S. P. Suresh Kumar, Spl. Public Prosecutor for CBI [OPUC]
11. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT]
12. Two CD Copies ssb
HIGH COURT DATED:07/07/2025
ORDER WP No.7435 OF 2025 disposing of the W.P. WITHOUT COSTS