APHC010029742024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1683/2024 Between: 1. TAMIDALA RAVI KUMAR REDDY, S/O. CHANDRA SEKHAR REDDY, AGED 46 YEARS, OCC BUSINESS, R/O 1/111, KAIPA BANAGANAPALLI VILLAGE, NANDYAL TOWN, NANDYAL DISTRICT. ...PETITIONER AND 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI. 2. CENTRAL BUREAU OF INVESTIGATION, BANKING SECURITIES AND FRAUDS BRANCH (BSFB), REP, BY ITS SP AND HEAD OF BRANCH, 36-BELLARI ROAD, GANGANAPUR, BANGALORE- 560032. 3. BUREAU OF IMMIGRATION, EAST BLOCK-VIII, LEVEL V, SECTOR- 1, R.K. PURAM, NEW DELHI-110066, REP. BY ITS COMMISSIONER. 4. FOREIGNERS REGIONAL REGISTRATION OFFICER, BUREAU OF IMMIGRATION (MHA), SARDAR VALLABHAI PATEL BOL OCR COMPLEX, SHAMSHABAD-PAHADISHAREEFROAD, NEAR GMR TOWNSHIP (CISF RESDENTIAL QUARTERS). MAMIDIPALLY, SHAMSHABAD, TELANGANA- 53012178 5. FOREIGNERS REGIONAL REGISTRATION OFFICER, BUREAU OF SRS,J W.P.No.1683 of 2024 IMMIGRATION (MHA), 5TH FLOOR, A BLOCK, TTMC, BUILDING, KH RAOD., SHANTI NAGAR, BENGALURU, KARNATAKA-560027 6. THE SYNDICATE BANK, .REP. BY ASSISTANT GENERAL MANAGER, SYNDICATE BANK, NS ROAD BRANCH, OPP KARACHI BAKERY, HYDERABAD-500001 TELANGANA STATE. ...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 or order more particularly one in the nature of writ of mandamus or an appropriate writ or order declaring the action of the respondents 2, 3 and 5 in issuing a Look Out Circular against the petitioner (Passport No. W9383602) prohibiting him to travel to Abroad, is illegal, arbitrary and unconstitutional and consequently sets aside the same and to pass 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 direct the respondents to permit the petitioner to travel to the USA and other countries by suspending the Look Out Circular Notice, pending disposal of the Writ Petition, and to pass 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 respondents to permit the petitioner to travel USA and Dubai during the period of from 1st April to 3rd May, 2024 on office work by suspending the lookout circular notice, and to pass Counsel for the Petitioner: 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1. M.SRAVAN KUMAR,Spl.PUBLIC PROSECUTOR FOR C.B.I. SRS,J W.P.No.1683 of 2024 2. JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL) 3. DEPUTY SOLICITOR GENERAL OF INDIA 4. SREEDHAR VALIVETI The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondents 2, 3 & 5 in issuing Look-out Circular against the petitioner, in pursuance of FIR No.3 of 2019 dated 26.03.2019, is illegal and arbitrary. 2. Heard Sri I. Koti Reddy, learned counsel for the petitioner, and Sri Jupududi V.K. Yagna Dutt, learned Standing Counsel, appeared for respondents 1, 3, 4 & 5 and Sri M. Sravan Kumar, learned counsel, appeared for respondent No.2 and V. Sreedhar, learned Standing Counsel, appeared for respondent No.6. 3. Learned counsel for the petitioner would submit that the petitioner joined as an Associate Software Engineer at Baan Info-systems India Private Limited. Thereafter, the petitioner, along with one Sri A. Srininivasulu Reddy started a company, namely M/s Nandi Townships Private Limited, wherein the petitioner is one of the directors. The petitioner is scheduled to leave India on 20.09.2023. Respondent No.5 informed about the Lookout Circular issued against the petitioner, vide FIR No.3 of 2019, wherein, M/s Nandi Township Private Limited was arrayed as accused No.5. Later, the police filed a charge sheet. However, M/s Nandi Township Private Limited was not arrayed as an accused. 4. Sri M. Sravan Kumar, learned counsel appeared for respondent No.2 would submit that respondent No.2 filed a charge sheet (final report) on the SRS,J W.P.No.1683 of 2024 file of the learned Principal Special Judge for CBI Cases, Hyderabad. Later, the police also filed an additional charge sheet. In the charge sheet, M/s Nandi Township Private Limited was not arrayed as an accused. He also would submit that the petitioner is not arrayed as an accused. 5. Thus, as seen from the pleadings and the material available on record, there is no dispute that no case is pending against the petitioner. Despite continuing the Lookout circular issued against the petitioner, it is illegal and also violative of Article 226 of the Constitution of India. 6. The Hon’ble Apex Court in Maneka Gandhi v. Union of India1, observed that the right to travel abroad is a part of personal liberty and the right to possess a passport etc., can only be curtailed following law and not on the subjective satisfaction of anyone. 7. The Division Bench of the Hon’ble Apex Court in its decision reported in Satish Chandra Verma v. Union of India (UOI) and others2, observed as under: "The right to travel abroad is an important basic human right for it nourishes independent and self-determining creative character of the individual, not only by extending his freedoms of action, but also by extending the scope of his experience. The right also extends to private life; marriage, family and friendship which are the basic humanities which can be affected through refusal of freedom to go abroad and this freedom is a genuine human right." 8. Given the facts and circumstances of the case and since no case is pending against the petitioner, the Writ Petition is allowed. Continuing LOC against the petitioner infringes his right under Part III of the Constitution. The respondent No.2 shall withdraw the Lookout circular issued against the 1 (1978) 1 SCC 248): AIR 1978 SC 597 2 LAWS 2019(2) SCC Online SC 2048 SRS,J W.P.No.1683 of 2024 petitioner and inform the same to respondents 4 & 5, within six (06) weeks from today. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 07.04.2025 TVN SRS,J W.P.No.1683 of 2024 199 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.1683 OF 2024 Date : 07.04.2025 TVN