PAPHC010188232024 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE 3459 PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.9211 OF 2024 Between: Sri Motupalli Haribabu, S/o. Obaiah, Aged 48 Years, R/o.96 S, Calder Way, Phoenixville, Pennsylvania, Presently residing at Kunduru village, Santhamaguluru Mandal, Prakasam District. --- Petitioner and 1. Union of India, Rep. by its Secretary, Ministry of Home Affairs, North Block, New Delhi-110001. 2. Bureau of Immigration, Ministry of Home Affairs, Government of India, Rep. by its Commissioner, Immigration, East Block. 3. The Assistant Director, enforcement Directorate, 3rd Floor, shaker Bhavan, Fateh Maidan Road, Hyderabad-500004. --- Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly a writ in the nature of a Writ of Mandamus declaring the action of the Respondent No.2 authorities in issuing Lookout Circular (LOC) against the Petitioner bearing Indian Passport No.U0527076 at the instance of Respondent No.3 as illegal, arbitrary, contrary to law and violative of Articles 19 and 21 of the Constitution of India besides being violative of Office JS,J WP No.9211/2024 2 Memorandum No.25016/10/2017-lmm(Pt.), Ministry of Home Affairs, dated 22.02.2021, issued by Respondent No.1 and Passports Act, 1967 and consequently to set aside the same and further direct the 3rd Respondent to communicate the closure of LOC to the Respondent No.2 herein as per the procedure laid down under Office Memorandum dt.22.02.2021 and to pass such other orders. IA No.1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Lookout Circular (LOG) issued against the Petitioner bearing Indian Passport No. U0527076. IA No.2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.3 to communicate the suspension of the Lookout Circular (LOG) issued against the Petitioner bearing Indian Passport No.U0527076 to Respondent No 2. IA No.3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to post WP No.9211 of 2024 for being mentioned and modify the order in WP No.9211 of 2024, dated 02.05.2024. Counsel for the Petitioner: 1. JAVVAJI SARATH CHANDRA Counsel for the Respondent(S): 1. JOSYULA BHASKARA RAO ( SC FOR E D ) 2. The Court made the following: JS,J WP No.9211/2024 3 ORDER: Heard the arguments of Sri S. Sriram, learned Senior Counsel, assisted by Sri Javvaji Sarath Chandra, learned counsel for the petitioner, and Sri Josyula Bhaskara Rao, learned Standing Counsel for Enforcement Directorate, appearing on behalf of the respondents. 2. The petitioner is a business person holding a valid passport until 18.02.2030. The petitioner is involved in software services under the name „M/s. Opera Technologies Inc‟ in the United States of America and India. 3. The petitioner is regularly travelling U.S.A. and India. On 28.02.2024, the petitioner was detained by the 2nd respondent. Upon enquiry, the respondents revealed that a Look Out Circular (LOC) was operating against the petitioner. 4. As per the directions of the 3rd respondent, the petitioner appeared before the 3rd respondent on 28.02.2024, and his statement was recorded under Section 50 of the Prevention of Money Laundering Act, 2002 (for short, „the PMLA Act, 2002‟). 5. Learned Senior counsel submits that a prosecution complaint was registered against the petitioner on 27.03.2024 and the Enforcement Directorate (ED) has completed its investigation. 6. Furthermore, the Chief Manager of the Asset Recovery Management Branch at Canara Bank, Visakhapatnam, issued an NOC on 04.04.2024 after settling the outstanding debts. The learned Senior Counsel further submits that the petitioner is willing to appear before the Court whenever his presence is required and states that a sworn affidavit JS,J WP No.9211/2024 4 was filed on 08.07.2024 as per the direction of this Court. Para No.4 of the affidavit is reproduced as follows: “4. I further undertake that I shall comply with any summon/notice that may be issued by Special Court for trial of PMLA Matters cum Metropolitan Sessions Judge, Visakhapatnam pertaining to ECIR No.ECIR/HYZO/11/2017, thereby directing me to appear before the said Court on or before 01-01-2025.” 7. Learned Senior Counsel for the petitioner submits that the Ministry of Finance issued the Notification on 11.07.2025, revising the jurisdiction of Special Courts under the PMLA Act, 2002. By virtue of this Notification, the Special Courts in Visakhapatnam have been designated to handle Money Laundering Cases arising from investigations by the CBI, with jurisdictions divided across the aforesaid revenue districts. These amendments update the 2016 Notification and streamline case distinctions to ensure the efficient disposal of matters under the PMLA Act, 2002. The necessary entries in the amendments after Columns (3) and (4) are extracted hereunder: (3) (4) “Principal Special Judge Court for Central Bureau of Investigation Cases, Visakhapatnam. Revenue districts of Parvatipuram Manyam, Srikakulam, Vizianagaram, Visakhapatnam, Alluri Sita Rama Raju, Anakapalli, Kakinada, East Godavari, Konaseema, West Godavari, Eluru, Nandamuri Taraka Rama Rao Krishna. Entire State of Andhra Pradesh in respect of the Prevention of Money- Laundering Act, 2002 (15 of 2003) cases arising out of investigations conducted/charge sheets filed by Central Bureau of Investigation I Additional Special Judge Court for Central Bureau of Investigation Cases, Visakhapatnam. Revenue districts of Palnadu, Bapatla, Guntur, Prakasam, Nandyal, Kurnool, Anantpur, YSR JS,J WP No.9211/2024 5 Kadapa, Nellore Sri Satya Sai, Annamayya, Chittoor and Tirupati.” Considering the said amendments, the trial might delay considerably; therefore, the LOC issued by the respondents could be set aside by considering the affidavit of the petitioner filed before this Court. 8. On the other hand, Sri Josyula Bhaskar, learned Standing Counsel representing the 2nd and 3rd respondents, submits that the petitioner is accused under Section 3 read with Section 4 of the PMLA Act, 2002. The prosecution has filed a complaint before the learned Metropolitan Sessions Judge, Visakhapatnam, on 27.03.2024, vide SR No.1803 of 2024. 9. The learned Standing Counsel further states that, since the petitioner did not respond to the summons issued to him on 28.06.2018, 02.08.2018, 12.11.2018, and 18.07.2018 by the CBI Court, Visakhapatnam, a Look Out Circular was issued against the petitioner on 15.09.2020. 10. Learned counsel submits that the petitioner is a permanent resident of the U.S.A. and a Green Card holder. If the Look Out Notice is set aside, it will be difficult for the respondents to proceed with the case, and the chances of the petitioner appearing for the trial are unlikely. He prays for the dismissal of the Writ Petition. 11. In reply, Learned Senior Counsel submits that the petitioner is very much available to receive the notices, but due to a change of address, there was a communication gap, and consequently, the notices were not received by the petitioner. JS,J WP No.9211/2024 6 12. It is not in dispute that the petitioner is a Green Card holder and a permanent resident of the USA. 13. It is also undisputed that the petitioner has submitted a sworn affidavit before this court stating that he will appear whenever his presence is required. 14. It is also undisputed that the petitioner has appeared before the Enforcement Directorate, and the matter is pending at the stage of cognizance. 15. A Lookout Circular is an administrative action that restricts an individual‟s Fundamental Right to personal liberty and freedom of movement under Article 21 of the Indian Constitution. The judiciary can review such actions if it is shown that the measure is unwarranted or issued routinely. In light of the decision taken by the government of India, the jurisdiction of the special court under the PMLA Act 2002 is being revised, which may also take considerable time to streamline the cases. Therefore, this court, considering the affidavit filed by the petitioner, finds it appropriate to dispose of the Writ Petition with the following observation. 16. Therefore impugned action of the 2nd respondent authority in issuing the Look Out Circular, dated 15.09.2020, against the petitioner‟s passport bearing No.U0527076 is set-aside by directing the petitioner to appear before the Court as and when his presence is required. If the petitioner fails to appear before the Court as per the undertaking, it is open to the respondents to take appropriate action in accordance with the law. Furthermore, the petitioner is directed to provide his current residential addresses in both India and abroad, including his personal JS,J WP No.9211/2024 7 email ID and phone numbers, to the respondents within two weeks from the date of receipt of a copy of this order. 17. Accordingly, with the above observation, the Writ Petition stands disposed of. No order as to costs. Consequently, Miscellaneous Applications pending, if any, shall stand dismissed. __________________________ JUSTICE SUMATHI JAGADAM Date:17.10.2025 DSH