IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 172 OF 2025 Between: Nuthalapati Srinivasa Rao, S/o. Krishnarjuna Rao, aged about 56 years R/o. Pedaparimi Village, Thullur Mandal, Guntur District. ...PETITIONER AND 1. The Union Of India, Represented by the Secretary, Ministry of External Affairs, New Delhi- 110001. 2. The Union of India, Bureau of Immigration, Ministry of Home Affairs, Represented by its Commissioner, (Immigration) East Block - VIII, Level V, Sector 1, R.K.Puram, New Delhi. 3. The Director General of Police, DGP Office Mangalagiri, Mangalagiri, Guntur District, Andhra Pradesh. 4. The Superintendent of Police, Guntur District. 5. The Station House Officer, Nallapadu Police Station, Guntur, Guntur District. 6. The Regional Passport Officer, 4th Floor, Stalin Central, D.No.27-37- 158, Governerpet, M.G.Road, Vijayawada, Andhra Pradesh - 520002. 7. The Regional Passport Officer, Near P.F. Office, Beside Rythu Bazar Marripalem VUDA Lay Out, NAD Post, Visakhapatnam, Andhra Pradesh - 530009. 8. The Regional Passport Officer, Royala Towers No.2 and 3, IV Floor, Old No. 785, New No. 158, Anna Salai, Chennai, Tamil Nadu - 600002. 9. Kondaveeti Venkata Ramaiah, S/o. Narasimhaiah, aged about 57 years R/o. Vipparla Village, Krosuru Mandal, Palnadu District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may Graciously be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.4 in not considering the petitioner’s representation to issue a Look Out Circular (LOC) against Respondent No.9, as he is Accused No.4 in CC.No.3648 of 2024, pending on the file of Special Mobile Judicial First Class Magistrate, Guntur., as illegal, arbitrary, unjust and unsustainable and also violative of Fundamental Rights under Article 14 and 21 guaranteed by the Constitution of India., and also direct the RespondentNo.6 to take steps to pass necessary and appropriate Orders in accordance with law, within a specified timeframe, considering the application/representation made by the petitioner under Section 10(3)(e) and (h) of The Passports Act, 1967, to impound the Passport of Respondent No.9., and Consequently direct the respondent no.4 to consider the representation made by the petitioner to issue Look Out Circular (LOC) against Respondent No.9, restraining him from leaving the country, as there is credible information that, he is likely to flee to Canada on 09th or 12th January, 2025, and also direct the official Respondents to make entries in the records including the records maintained necessary at the airports, without restraining the Respondent No.9 from leaving the country permission from the Competent Court. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may Graciously be pleased to grant Interim Direction, directing the respondent no.4 to consider the representation made by the petitioner issue Look Out Circular (LOC) against Respondent No.9, and also direct the official respondents to make to necessary entries in the records, including the records maintained at the airports, restraining the Respondent No.9 from leaving the Country without permission from the Competent Court, pending disposal of this writ petition. % Counsel for the Petitioner;SRI. NUTHALAPATI MOHAN Counsel for the Respondent No’s. 3 to 5: GP FOR HOME Counsel for the Respondent No’s. 1, 2, 6 to 8: ALEKHYA TADASINA (CENTRAL GOVT COUNSEL) Counsel for the Respondent No.9: NONE APPEARED The Court made the following ORDER: APHC010003312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 172/2Q2fi Between: Nuthalapati Srinivasa Rao ...PETITIONER AND The Union Of India and Others Counsel for the Petitioner: 1. NUTHALAPATI MOHAN Counsel for the Respondent(S): 1.GP FOR HOME 2.ALEKHYA TADASINA(CENTRAL GOVT COUNSEL) The Court made the following: ...RESPONDENT(S) 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 172/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No. 4 in not considering the petitioner’s representation to issue a Look Out Circular (LOC) against Respondent No. 9, as he is Accused No. 4 in C.C.No.3648 of 2024 pending on the file of Special Mobile Judicial First Class Magistrate, Guntur as illegal, arbitrary, unjust and unsustainable and also violative of Fundamental Rights under Article 14 and 21 guaranteed by the Constitution of India and also direct the Respondent No.6 to take steps to pass necessary and appropriate Orders in accordance with law, within a specified timeframe, considering the application/representation made by the petitioner under Section 10(3)(e) and (h) of the Passports Act, 1967 to impound the Passport of Respondent No. 9 and consequently direct respondent No.4 to consider the representation made by the petitioner to issue Look Out Circular (LOC) against Respondent No.9 restraining him from leaving the country, as there is credible information that the petitioner is likely to flee to Canada on 9‘^ or 12 January, 2025 and also direct the official Respondents to make necessary entries in the records, including the records maintained at the airports, restraining the Respondent No. 9 from leaving the country without permission from the Competent Court and pass such other order. ” th 2. Heard the learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1, 2 & 6 to 8 and the learned Government Pleader for respondent Nos.3 to 5. ■ J 3 3. Learned counsel for the petitioner submits the petitioner herein is a defacto complainant and lodged a compliant against respondent No.9. Pursuant to the complaint of the petitioner, respondent Nos.4 and 5 registered a crime against respondent No.9 for the offence under Section 467, 468, 471, 420, 120-B r/w 34 of IPC. Thereafter, the matter investigated at length and charge sheet was also filed against the 9'^ respondent. The Court below taken cognizance of the offence and proceeded further. He further submits that pending the same, the 9^'^ respondent is trying to fly from this land and he is trying to get Permanent Residency (PR) at Canada. Therefore, if he allowed to travel Abroad, the trial at the Court below will be stalled and being a defacto complainant, the petitioner will suffer with irreparable loss and hardship. The petitioner would be an affected party once the 9“^ respondent is allowed to fly out of the country. For which, the petitioner submitted a representation dated 30.12.2024 to the 4'*^ respondent herein requesting to initiate proceedings for issuance of LOC against respondent No.9. Even though the petitioner submitted representation dated 30.12.2024, so far, the 4*'^ respondent neither acted upon nor replied to the petitioner. Hence, the present Writ Petition. 4. The learned Standing Counsel submits that in respect of the representation dated 30.12.2024 is concerned, it does not contain any particulars about the passport. In view of the same, the 4 V - th representation of the petitioner can only be considered by the 4 respondent. 5. On the other hand, learned Government Pleader submits Nos.4 and 5 filed final report stating that the that respondent complaint is false and cannot be investigated. Against which, the petitioner/defacto complainant filed protest petition. Subsequently, the Court below rejected the claim of the police and cognizance was taken. Therefore, the claim of the petitioner can be considered by the respondents. 6. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is of the considered view that the present Writ Petition can be disposed of directing respondent No.4 to consider the representation dated 30.12.2024 and pass a speaking order in of the petitioner accordance with law, with immediate effect. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs, sequel miscellaneous application, pending, if any, shall As a also stand closed. Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Union Of India, Ministry of External Affairs, New 1. The Secretary, The Delhi- 110001. of India, Bureau of Immigration, Ministry of - VIII, Level V, Sector 1, 2. The Commissioner, Union Affairs, (Immigration) East Block Home R.K.Puram, New Delhi. 3. The Director General of Police, Guntur District, Andhra Pradesh. DGP Office Mangalagiri, Mangalagiri, 4. The Superintendent of Police, Guntur District. Officer, Nallapadu Police Station, Guntur, Guntur 5. The Station House District. 6. The Regional Passport Officer 158,.Governerpet, 7. The Regional Passport Officer Marripalem VUDA Lay Out, NAD Post, Visakhapatnam, Andhra 4th Floor, Stalin Central, D.No.27-37- M.G.Road, Vijayawada, Andhra Pradesh - 520002. Near P.F. Office, Beside Rythu Bazar Pradesh - 530009. Regional Passport Officer, Royala Towers No.2 and 3, IV Floor 158, Anna Salai, Chennai, Tamil Nadu - 600002. 8. The Old No. 785, New No. 9. OneCCto SRI. NUTHALAPATI MOHAN, Advocate [OPUC] ALEKHYA TADASINA (CENTRAL GOVT One CC to M/S COUNSEL) Advocate [OPUC] Two CCs to 10. GP FOR HOME, High Court Of Andhra Pradesh. 11. [OUT] Three CD Copies 12. PRK 1 ■rt *- *■ •t t. »- ftn'a:, , HIGH COURT DATED:09/01/2025 o\ ORDER 2 0 JAN im o Co . Current Section ^ WP.No.172 of 2025 DISPOSING OF THE WP, WITHOUT COSTS