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2025 DAILYLAW 29874 (AP)

POTHUGUNTLA SRINIVAS v. THE STATE OF ANDHRA PRADESH

WP/22206/2023 · 2025-05-08

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAV, (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22206 OF 2023 Between: Pothuguntia Srinivas, S/o. PothuguntIa Krishna Murthy, Aged about 28 years, R/o. 7**^ Line, Brundavan Gardens, Guntur City, Guntur represented by his father /GPA Holder PothuguntIa Krishna Murthy, S/o. Sambaiah, Aged 60 years ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Secretary, Home Department, Secretariat, Velagapudi, Guntur District, A.P. 2. Additional Director General of Police (ADGP), Crime Investigation Department (CID), Police Head Quarters, Mangalagiri, Guntur District, A.P. 3. The Superintendent of Police, Guntur District, Guntur. 4. Bureau of Immigration (Ministry of Home Affairs), Government of India, East Block-VIII, Level-V, Sector-I, Rama Krishna Puram, New Delhi by its Commissioner. 5. The Union of India, Rep. by Ministry of Foreign Affairs, New Delhi. 6. Kamineni Rahithya, D/o.Kamineni Srinivas, Aged about 28 years, R/o. Venkatapalem Village, Thulluru Mandal, Guntur District. (R6 is impleaded as per the Court’s order dt.09.05.2025 in lA No.01/2024 in Writ Petition & Affidavit) rep. ...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 t>e pleased to issue a Writ of Mandamus or any other appropriate Writ, Or^ec.or direction declaring the action of Respondent No.4 in opening and continuing Look Out Circular vide bearing LOG No. I/SIC(ACK)LOC/2021- 8266,":dated 28-08-2021 in pursuance of Letter addressed by the 2K Respondent vide bearing Letter/Memo No. C.No.8124/C61/IP/CID/202 1, dated 27-08-2021 as arbitrary, illegal, unreasonable and violation of Article 21 of the Constitution of India and consequently direct the Respondents herein to request for deletion of LOG opened against the Petitioner and further direct not to interfere with the personal liberty of the Petitioner. lA NO: 1 OF 2023 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 1/SIC(ACK)LOC/2021-8266, 4thRespondent herein against the Petitioner in pursuance of the Letter/Memo No.C.No.8124/C61/1P/CID/2021, dated 27-08-2021 addressed by the 2"^^ Respondent pending disposal of the Writ Petition before this Honourable Court. Look Out Circular vide LOG dated 28-08-2021 No. passed by the lA NO: 2 OF 2024 Between: Kamineni Rahithya,' D/o.Kamineni Srinivas, Aged about 28 years, R/o. Venkatapalem Village, Thulluru Mandal, Guntur District. ...PETITIONER/ PROPOSED 6*^ RESPONDENT AND 1. Pothuguntia Srinivas, S/o. Pothuguntia Krishna Murthy, Aged about 28 Line, Brundavan Gardens, Guntur City, Guntur represented by his father /GPA Holder Pothuguntia Krishna Murthy, S/o. Sambaiah, Aged 60 years th years, R/o. 7 ...RESPONDENT/WRIT PETITIONER 2. The State of Andhra Pradesh, rep. by its Secretary, Home Department, Secretariat, Velagapudi, Guntur District, A.P. 3. Additional Director General of Police (ADGP), Crime Investigation Department (CID), Police Head Quarters, Mangalagiri, Guntur District A.P. 4. The Superintendent of Police, Guntur District, Guntur. 5. Bureau of Immigration (Ministry of Home Affairs), Government of India East Block-Vlll, Level-V, Sector-1, Rama Krishna Puram by its Commissioner. 6. The Union of India, Rep. by Ministry of Foreign Affairs New Delhi rep. New Delhi. ...RESPONDENTS/ RESPONDENTS 1 to 5 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 vacate the interim orders dated 13.9.2023 passed in WP No. 22206 of 2023. Counsel for the Petitioner: SRI SRAVAN KUMAR Counsel for the Respondent Nos.1 & 3: GP FOR HOME Counsel for the Respondent No.2: SPL. PUBLIC PROSECUTOR Counsel for the Respondent Nos.4 & 5: SRI PASALA PONNA DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.6: SRI GUDAPATI VENKATESWARA MANNAVA FOR CID RAO, RAO The Court made the following: ORDER APHC010428772023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22206/2023 r-. [3457] 02! Between: Pothuguntia Srinivas ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SRAVAN KUMAR MANNAVA Counsel for the Respondent{S): 1.GP FOR HOME 2.SPECIAL PUBLIC PROSECUTOR FOR CID The Court made the following: ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO.22206 OF 2023 ORDER: 1. The learned counsel appearing for the petitioner submitted that the passport of the petitioner was not renewed on account of Look Out Circular(LOC) is pending against the petitioner. It is submitted that the petitioner was facing trial in CC.No.418 of 2022 on the file of Additional Junior Civil Judge, Mangalagiri. It is submitted that the petitioner has filed CRLP.N0..2234 of 2025 seeking to quash of CC.No.418 of 2022. This Court on 19.03.2025 had quashed the CC on account of amicable settlement reached between the petitioner and the unofficial respondent. 2. It is submitted that the passport of the petitioner is not being renewed on account of Look Out Circular is pending against the petitioner. The case against the petitioner is quashed by this Court and on continuance or pendency of the Look Out Circular pending against the petitioner would be of no relevance. The Look Out Circular (LOC) is hereby quashed. The passport application of the petitioner should be considered in accordance with law, if it is in order otherwise in order. 3. With these observations the writ petition is disposed off. No costs. 4. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, A.P. 2. Additional Director General of Police (ADGP), Crime Investigation Department (CID), Police Head Quarters, Mangalagiri, Guntur District, A.P. 3. The Superintendent of Police, Guntur District, Guntur. 4. The Commissioner, Bureau of Immigration (Ministry of Home Affairs), Government of India, East Block-VIII, Level-V, Sector-1, Rama Krishna Puram, New Delhi. 5. The Ministry of Foreign Affairs, Union of India, New Delhi 6. One CC to Sri Sravan Kumar Mannava, Advocate [OPUC] 7. One CC to Sri Gudapati venkateswara Rao, Advocate[OPUC] 8. One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India, High Court of A.P.[OPUC] 9. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 10. Two CCs to the Public Prosector, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. ssb HIGH COURT DATED;09/05/2025 ORDER WP.No.22206 of 2023 DISPOSING OF THE W.P. WITHOUT COSTS