APHC010364692025 IN THE HIGH COURT OF ANDHRA PRADESh/S?; AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19920 OF 2025 Between: Korrapati Rajasekar Babu, S/o. Late Korrapati Krishna Murthy, Aged 33 years, Permanent resident of Arun Apartments, Flat No306 Bazar Ghat, Hyderabad- 500 004, State of Telangana, India. Presently residing at 2921 Wickersham Way, Falls Church, Virginia, 22042, U.S.A. Represented by his General son of G. Kdteswara Rao, Ilird Floor, Main Road, Krishna Dist. - 521 137, State of A.P. Power Attorney (GPA) Gangavarapu Rambabu aged 62 years resident of 14-21, Jhansi Arcade, Poranki Rural, Penamaluru Mandal Aadhaar No. 2262 4188 1681. ...Petitioner AND . 1. The Union of India, Bureau of immigration Ministry of Home Affairs Its Commissioner immigration. East Block VIII Level V Sector Delhi. 2. The State of Andhra Pradesh, Department, Secretariat, Velagapudi, Amaravathi. 3. The Superintendent of Police, Kakinada Pradesh. 4. The Deputy Superintendent of Police, State of Andhra Pradesh. Rep by IRK Puram New rep by Its Principal Secretary Home Kakinada District, State of Andhra Kakinada Rural, Kakinada District, 5. The Station House Officer, Samaikot. Kakinada District, Pradesh. State of Andhra ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ of Mandamus may be or any other appropriate Writ or Order direction declaring the action of the Respondents originating agency in issuing a Look-out Circular notifying the Petitioners name in the Airports in relation to Crime No. 83 of 2023 of Samaikot Kakinada District on the fiie of the 5'" Respondent as iiiegai, arbitrary and violative of Articles 14, 19 and 21 or No.3 to 5 being P.S. of of the Constitution of India and consequently direct the Respondents to withdraw the said LOC issued against the Petitioner in relation to Crime No. 83 of 2023 of Samaikot P.S. of Kakinada District on the file of the 5‘^ Respondent police station to enable the petitioner to travel to India in connection with his duties of his employment. lA NO: 1 OF 209fi 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 operation/execution of Look-out Circular notifying the Petitioners name in the Airports in relation to Crime No. Kakinada District on the fiie of the 4'^ Respondent petition as illegal, arbitrary and violative of Articles 83 of 2023 of Samaikot P.S. of pending disposal of this 14, 19 and 21 of the Constitution of India and direct the Respondents No.3 to 5 being originating agency to address a letter to the Immigration Authorities immediate effect . to execute the LOC issued against the Petitioner in relation to Crime No. 83 of 2023 of Samaikot P.S. of Kakinada District on the file of the 4‘^ Respondent police station to enable the petitioner to travel to India to not attend his duties and pursue his legal remedies. Counsel for the Petitioner: SRI ROSEDAR S.R.A ■•'rm 4 I Counsel for the Respondents: M/s. M LIMA DEVI (CENTRAL GOVT. COUNSEL) I Counsel for the Respondents: GP FOR HOME f The Court made the following order: I f I t V % APHC010364692025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19920/2025 [3396] Between: 1.KORRAPATI RAJASEKAR BA.BU, S/0. LATE KORRAPATl KRISHNA MURTHY, AGED 33 YEARS, PERMANENT RESIDENT OF ARUN APARTMENTS, FLAT NO306, BAZAR GHAT, HYDERABAD-500 004, STATE OF TELANGANA, INDIA. PRESENTLY RESIDING AT 2921 WICKERSHAM WAY, FALLS CHURCH, VIRGINIA, 22042, U.S.A. GENERAL POWER ATTORNEY (GPA) GANGAVARAPU RAMBABU SON OF G. KOTESWARA RAO, AGED 62 YEARS RESIDENT OF 14- 21, JHANSI ARCADE, ILIRD FLOOR, MAIN ROAD, PORANKI RURAL, PENAMALURU MANDAL, KRISHNA DIST. - 521 137, STATE OF A.P. AADHAAR NO. 2262 4188 1681 REPRESENTED BY HIS ...PETITIONER AND 1 THE UNION OF INDIA, BUREAU OF IMMIGRATION MINISTRY OF REP BY ITS COMMISSIONER IMMIGRATION, EAST BLOCK VIII LEVEL V SECTOR IRK PURAM NEW DELHI. 2 THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, amaravath’i. 3.THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, STATE OF ANDHRA PRADESH. 4 THE DEPUTY SUPERINTENDENT OF POLICE, KAKINADA RURAL, KAKINADA DISTRICT, STATE OF ANDHRA PRADESH. 5.THE STATION HOUSE OFFICER, SAMAIKOT, KAKINADA DISTRICT, STATE OF ANDHRA PRADESH HOME AFFAIRS KAKINADA ...RESPONDENT(S): Counsel for the Petitioner: 1.ROSEDAR S.R.A Counsel for the Respondent(S): 1.M UMA DEVI (CENTRAL GOVT COUNSEL) 2 2.GP FOR HOME The Court made the following: Order: This Writ Petition is filed under Article 226 of the Constitution seeking the following relief; ....to issue a Writ, Order or direction more particularly one in the Writ of Mandamus, declaring the action of the Respondents No. 3 to 5 being originating agency in issuing a Look-out Circular notifying the Petitioners name in the Airports in relation to Crime No. 83 of 2023 of Samalkot P S of Kakinada District on the file of the 5TH Respondent as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondents to withdraw the said LCC issued against the Petitioner in relation to Crime No. 83 of 2023 of Samalkot P.S. of Kakinada District on the file of the 5TH Respondent police station to enable the petitioner to travel to India in connection with his duties of his employment...” 2. Sri Rosedar S.R.A., learned counsel for the Petitioner of India would submit that, a case in Crime No.83 of 2023 on the file of Samalkot Police Station, Kakinada District has been registered against the Petitioner and his other family members for the offences under Sections 498-A and 420 read with 34 I PC and Sections 3 and 4 of the Dowry Prohibition Act and D.V.C.No.40 of 2023 pending on the file of the Court of VAddl.Judicial First Class Magistrate, on the file of the Court of Principal Senior Civil Judge, Kakinada. Learned counsel would further submit that Kakinada and H.M.O.P.No.94 of 2024 the Petitioner has been cooperating for the investigation and no warrant is pending against him. It is submitted that the Petitioner is a Software Engineer in USA. In view of the Look Out Circular issued against the Petitioner, he is not in a position to visit India to pursue the cases pending against him. V V % 3 Learned counsel would further submit that the issuance of LOG is based on the matrimonial disputes. It is submitted that the stay of the Petitioner outside India is purely in connection with this employment and not for absconding the legal responsibilities in India. Learned counsel would further submit that the Courts deprecated the practice of opening Look Out Circular in cases relating to matrimonial disputes. Sri V.Farooq, learned Assistant Government Pleader for Home opposed the petition and prays to dismiss the same. The Look Out Circular (LOC) has not been defined anywhere legally. LOG can be taken by investigating agency in cognizable offences under IPC or other penal laws where the Accused was deliberately evading arrest or not appearing in the trial Court despite NBWs and other coercive measures and if there is any likelihood of Accused leaving the country to evade trial/arrest and only in those circumstances, LOC can be opened against the Accused. Without there being any proper procedure followed, coming to conclusion, to issue LOC is bad. Police have to open LOCs against the persons who are the Accused for grave offences or the persons who are involved in financial irregularities or the offences which are against the Society. In the case on hand, the offences alleged are only under Sections 498- A & 420 IPC and Sections 3 and 4 of the Dowry Prohibition Act and the offences are not so grave and when the Petitioner is working in USA, by virtue of opening LOC, there is every chance that the Petitioner would lose his job and will suffer irreparable loss. Further, as per the contention of the learned 3. 4. 5. 4 counsel for the Petitioner, in view of the issuance of LOC, the Petitioner is unable to come to India and attend the legal proceedings initiated against him. On mere registration of FIR for the offences relating to matrimonial disputes, issuance of LOC may affect the career of the Petitioner. Further, in the case hand, the question of absconding of the Petitioner would not arise for the reason that the family members of the Petitioner are residing in India only. In such case, it is not necessary for the respondent/police to issue LOC. In view of the abovementioned circumstances, this Court is of the view that, opening of LOC against the Petitioner herein is nothing but abuse of process of Court and the same is liable to be set aside. Accordingly, the Writ Petition is allowed and the impugned LOC issued against the Petitioner is hereby set aside. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand Sd/- P VINOD KUMAR deputy registrar on 6. 7. closed. //TRUE COPY// SECTION OFFICER To, The Commissioner immigration. Union of India, Bureau of immigration Ministry of Home Affairs, East Block Vlll Level V Sector IRK Puram New . Delhi. 2. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Superintendent of Police, Kakinada, Kakinada District, State of Andhra Pradesh. 4. The Deputy Superintendent of Police, Kakinada Rural, District, State of Andhra Pradesh. 5. The Station House Officer, Samaikot, Kakinada District, State of Andhra Pradesh. 6. One CC to Sri Rosedar S.R.A, Advocate [OPUC] 7. One CC to M/s. M Uma Devi, (Central Govt. Counsel) [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 9-. Two CD Copies 1. Kakinada RAM ^4^ ^ HIGH COURT DATED:22/09/2025 ORDER WP.NO. 19920 OF 2025 <# gf 17 OCT 2025 JVCurrent SectiooX* Co '^ATC^ ALLOWING THE WP WITHOUT COSTS