'i APHC010358292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0 MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17978 OF 2025 Between: Nadipalli Krishna Deepak, S/o. Nadipalli Jagadish, Aged about 34 years, Public Health Officer, Working in Princess Cruise Lines Ltd., Indian Sea Men Permanent R/o. H.No.39-34-76, Ambedkar Colony, Near R and B Office, Marripaiem, Visakhapatnam ...Petitioner AND 1. The Union of India, Rep. by its Secretary, Ministry of Home Affairs, North Block, New Delhi - 110001 2. The Bureau of Immigration, Ministry of Home Affairs, Government of India, Rep. by its Commissioner Immigration East Block, New Delhi 3. The Commissioner of Police, Visakhapatnam City 4. The Station House Officer, Disha Women Police Station Visakhapatnam City ...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, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the 2nd authorities in issuing Lookout Circular (LOC) against the Petitioner Respondent bearing / Indian Passport No.V9300266 and Seamen Visa C1D - 20223325410001 as illegal, arbitrary, contrary to law and violative of Articles. 19 and 21 of the Constitution of India besides being violative of Office Memorandum No.25016/10/2017-lmm(Pt.), Ministry of Home Affairs, dated 22.02.2021 issued by the 1st Respondent and Passport Act, 1967 and consequently to set aside the same and further direct the 3rd Respondent to communicate the closure of LOG to the 2nd Respondent herein as per the procedure laid down under Office Memorandum aforementioned. lA NO: 1 OF 2025 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 (LOC) issued against the Petitioner Indian Passport NO.V9300266 and Seamen Visa C1D - 20223325410001 pending disposal of the main writ petition. lA NO: 2 OF 2025 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 3rd Respondent to communicate the suspension of the Lookout Circular (LOC) issued against the Petitioner bearing Indian Passport NO.V9300266 and Seamen Visa C1D - 20223325410001 to the Respondent pending disposal of the main writ petition before this Hon’ble Court. 2nd Counsel for the Petitioner: SRI SODUM ANVESHA Counsel for the Respondent Nos. 1 and 2: SRI BACHINA HANUMANTHA RAO (CENTRAL GOVT COUNSEL) Counsel for the Respondent Nos. 3 and 4: GP FOR HOME The Court made the following order: APHC010358292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17978/2025 Between: 1.NADIPALLI KRISHNA DEEPAK, S/0. NADIPALLI JAGADISH. AGED ABOUT 34 YEARS. PUBLIC HEALTH OFFICER, PRINCESS CRUISE LINES LTD., INDIAN SEA MEN PERMANENT R/0. H.NO.39-34-76, AMBEDKAR COLONY, NEAR R AND B OFFICE, MARRIPALEM, VISAKHAPATNAM WORKING IN ...PETITIONER AND 1.THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI - 110001 2.THE BUREAU OF IMMIGRATION, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, IMMIGRATION EAST BLOCK, NEW DELHI 3.THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY 4.THE STATION HOUSE OFFICER, DISHA WOMEN POLICE TATION, VISAKHAPATNAM CITY REP. BY ITS COMMISSIONER ...RESPONDENT{S): 2 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 topleased to issue an appropriate Writ, order or direction mostly one which IS in the nature of a Writ of Mandamus declaring the action of the 2nd Respondent authorities in issuing Lookout Circular (LOC) against the Petitioner bearing Indian Passport No.V9300266 and Seamen 20223325410001 Visa C1D - illegal, arbitrary, contrary to law and violative u.' Articles. 19 and 21 of the Constitution of India besides being violative of Office Memorandum No.25016/10/2017-lmm(Pt.), Ministry of Home 22.02.2021 as of Affairs, dated issued by the 1st Respondent and Passport Act, 1967 consequently to set aside the same and further direct the 3rd Respondent to communicate the closure of LOC to the 2nd Respondent herein as per the procedure laid down under Office Memorandum aforementioned and and pass lA NO: 1 OF 202*1 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 pleased to suspend the Lookout Circular (LOC) issued against the Indian Passport No.V9300266 and Seamen Visa C1D - pending disposal of the main writ petition and lA NO: 2 OF 202S Petitioner 20223325410001 pass Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the 3rd Respondent to communicate the may be pleased suspension of the Lookout Circular (LOC) issued against the Petitioner bearing Indian Passport NO.V9300266 and Seamen Visa C1D - 20223325410001 to the 2nd Respondent pending disposal of the main writ petition before this Hon’ble Court and pass Counsel for the Petitioner: 1.SODUM ANVESHA Counsel for the Respondent(S): 3 1.GP FOR HOME 2.BACHINA HANUMANTHA RAO (CENTRAL GOVT COUNSEL) The Court made the following: ■/ 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17978/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: '' pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the 2^^ Respondent authorities in issuing Lookout Circular (LOC) against the Petitioner bearing Indian Passport No.V9300266 and Seamen Visa C1D - 20223325410001 as illegal, arbitrary, contrary to law and violative of Articles 19 and 21 of the Constitution of India besides being violative of Office Memorandum No.25016/10/2017-lmm(Pt.), Ministry of Home Affairs, dated 22.02.2021 issued by the Respondent and Passport Act, 1967 and consequently to set aside the same and further direct the 3^^ Respondent to communicate the closure of LOC to the 2"^ Respondent herein as per the procedure laid down under Office Memorandum aforementioned and pass ” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. When the matter is taken up for hearing, learned counsel for the petitioner submits that in similar set of facts, this Court passed an order dated 22.01.2025 in W.P.No.325 of 2025 by quashing the Lookout Circular (for short 5 the LOG) issued against the petitioner and the learned counsel for the petitioner prayed this Court to consider the same and dispose of the present Wherein, the relevant portion of the said judgment, dated 22.01.2025, is extracted hereunder: Writ Petition. “8. Learned counsel for the petitioner has relied upon the decision reported in Sumer Singh Saikan's case stated supra, wherein it was held thus. In the present case, the LOC was issued against the petitioner soon after the registration of FIR. It is alleged by the petitioner that LOC was issued in view of the fact that complainant's close relative was an IPS officer. This allegation of the petitioner finds support from the fact that respect of the offences committed has been deliberately given as 10 years while the prescribed punishment is maximum 3 years imprisonment. The petitioner's description of being 'violent and dangerous' also has been added malafidly, with ulterior motive, in view of the fact that allegations against petitioner were of only of emotional torture. Offence of kidnapping given as the reasons for issuance of RON, which on the representation of petitioner was removed. It is apparent that the LOC & RON were issued for extraneous reasons by an officer who was not authorized. The petitioner has also highlighted the difference in statements made by witnesses different occasions. Since the matter pertaining to these offences is subjudiced, it will not be appropriate to comment on this aspect but suffice it to say that the action against the was on 6 petitioner of issuing RCN was uncalled for in view of the fact that neither offence, for which the petitioner is facing trial in India, is an extraditable offence, nor any request for extradition of the petitioner has been made for the last 7 years despite knowing whereabouts of the petitioner. I, therefore, consider it a fit case for quashing the RCN issued against the petitioner at the behest of Delhi Police. The RCN, is therefore, hereby quashed." 9. In view of principle laid down in the aforesaid case and in view effects and circumstances, of the case, opening of LOC against the petitioner herein is nothing but abuse of process of Court. Hence the LOC issued against the petitioner herein is hereby quashed." 4. Learned Government Pleader does not refute the submission that the said order covers the matter before this Court in this Writ Petition. 5. Following the said order, and in view of the case, the Writ Petition is disposed of by granting liberty to the petitioner to make a fresh representation along with the supporting material about his residence, passport particulars, employment particulars to the 3^^ respondent-commissioner of Police, Visakhapatnam, within three (03) days from today, representation, the respondent is hereby directed to consider the petitioner’s representation, by affording an opportunity of personal hearing to On receipt of such the petitioner and pass appropriate orders with reference to the orders as 7 mentioned above as well as in accordance with law, if required, by imposing appropriate conditions, for securing his presence for investigation, if any. within a period of one (01) week thereafter. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. SD/- M.S.V. NAVEEN CHANDRA DEPUTY REGISTRAR //TRUE COPY// - ' SECTION OFFICER To, of Home Affairs, Union of India, North Block, 1. The Secretary, Ministry New Delhi - 110001 Bureau of Immigration, Ministry of 2. The Commissioner Immigration Government of India, East Block, New Delhi Home Affairs, 3. The Commissioner of Police, Visakhapatnam City 4. The Station House Officer, Disha Women Police tation, Visakhapatnam City Sri. Sodum Anvesha Advocate [OPUC] Hanumantha Rao (Central Govt Counsel) 5. OneCCto 6. One CC to Sri. Bachina [OPUC] 7. Two CCs to 8. Two CD Copies GP for Home High Court of Andhra Pradesh [OUT] gsc if HIGH COURT DATED:21/07/2025 ORDER WP NO. 17978 OF 2025 X 25JUL2I85 % * A ^ currenx Secuon disposing the WP WITHOUT COSTS