APHC010507942018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 23896/2018 Between: 1. SRI DANDU VENKATA RAMA RAJU,, S/O SRI D. RAMA RAJU, AGED ABOUT 30 YEARS, PRESENTLY RESIDING AT 2, FOREST LLNEWAY, 1902 UNIT, NORTH YORK, M2N5X7, TORONTO, CANADA, PERMANENTLY RESIDING AT D.NO.6-130, CHINAKONDEPUDI, SEETHANAGARM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, (FOREIGNERS DIVISON) GOVERNMENT OF INDIA, JAISALMER HOUSE, 26, MAN SINGH ROAD, NEW DELHI 2. THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, JAWHAR LAL NEHRU BHAWAN, 23D, MAULANA AZAD ROAD, NEW DELHI 3. STATE OF TELANGANA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD 4. THE DIRECTOR GENERAL OF POLICE HOPF, STATE OF TELANGANA, LAKDIKAPUL, HYDERABAD 5. COMMISSIONER OF POLICE, HYDERABAD. 6. THE DEPUTY DIRECTOR, BUREAU OF IMMIGRATION (BOI), EAST BLOCK-VIII R.K. PURAM, NEW DELHI 110066 7. THE STATION HOUSE OFFICER, WOMEN POLICE STATION, BEGUMPET HYDERBAD 8. SMT MANTHENA BHANU PRIYANKA, W/O.D.V.RAMA RAJU, AGED 26 YEARS RESIDING AT HOUSE NO.107, PICKET, SECUNDERABAD ...RESPONDENT(S): 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 a writ, order of direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the impugned action of the 1st respondent herein in registering the FIR No.98/2018 and compelling the 2 Petitioner herein to appear before him under a Look Out Notice in the Police Station is arbitrary, illegal, high handed, capricious and violate the fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India apart from being in violation of the guidelines issued by the 1st Respondent herein vide Office Memorandum of the Ministry of Home Affairs, Government of India dated 27.10.2010 and the Principles of Natural Justice and fair play and consequently quash the FIR No.98/2018 of Women Police Station, Begumpet, Hyderabad in he interests of justice and pass Counsel for the Petitioner: 1. T S ANAND Counsel for the Respondent(S): 1. GP FOR HOME (TG) 2. DEPUTY SOLICITOR GENERAL OF INDIA 3. ANJALI AGARWAL The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ ... to issue a writ, order of direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the impugned action of the 1st respondent herein in registering the FIR No.98/2018 and compelling the Petitioner herein to appear before him under a Look Out Notice in the Police Station is arbitrary, illegal, high handed, capricious and violate the fundamental rights guaranteed to the Petitioner under Articles 14 and 21 of the Constitution of India apart from being in violation of the guidelines issued by the 1st Respondent herein vide Office Memorandum of the Ministry of Home Affairs, Government of India dated 27.10.2010 and the Principles of Natural Justice and fair play and consequently quash the FIR No.98/2018 of Women Police Station, Begumpet, Hyderabad in the interests of justice and pass ....” 2. Learned Assistant Government Pleader appearing for Home appearing for respondents would submit that in the light of the interim order passed by this Court on 16.07.2018 in this Writ Petition, this Writ Petition may be disposed of by making the interim order as absolute. 3 3. Learned counsel for the Petitioner would submit that this Court may pass appropriate orders. 4. Interim order granted by this Court on 16.07.2018 reads as under: “Notice before admission. Learned counsel for the Petitioner/s is permitted to take out personal notice to unofficial respondents and file proof of service. When the petitioner was in Canada, a look out circular was issued in connection with Crime No.98 of 2018 of Women Police Station, Begumpet, Hyderabad as if he did not appear before the authorities concerned. The main contention of the petitioner is that look out circular issued by the official respondents is contrary to the guidelines issued by the Union of India. Learned Government Pleader for Home contended that when the petitioner was out of country i.e, in Canada on the date of issue of look out circular, the respondents need not comply with the instructions issued by the Union of India. But at this stage, this question cannot be decided. Therefore, there shall be interim suspension of look out circular, for a period of two months. Post after four weeks.” 4. In that view, this Writ Petition is disposed of by making the interim order as absolute. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 23896 of 2018 15.07.2025 Mjl /*