IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE THIRTEENTH DAY OF FEBRUARY TWO THOUSANDAND TWENTYFIVE to wm p PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2199 OF 2025 Between: A Tarun, S/o A.Venkata Ramana, age 31 years, Occ. IT Professional, R/o D.No.6-85-1, 1st cross, Anantapur, Anantapur District, Presently residing at Unit-43, 15 Adamson Avenue, Alice Springs - 0870 NT, Australia. ...Petitioner AND 1. The Union of India, Represented by the Secretary, Ministry of External Affairs, New Delhi - 110001. 2. The Union of India, Bureau of Immigration, Ministry of Home Affairs, Represented by its Commissioner Immigration, East Block, VIII Level, V Sector, 1 R K Puram, New Delhi. 3. The State of Andhra Pradesh, Rep. by it's Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh- 522503. 4. The Director General of Police, Government of Andhra Pradesh Mangalagiri, Guntur District, AP. 5. The Additional Director General of Police, CID, Mangalagiri Guntur District, AP. ’ 6. The Superintendent of Police, Potti Sriramulu Nellore District, AP. 7. The Station House Officer, Mahila Urban Police Station, Nellore SPS Nellore District, AP. 8. Dr.Gali Sushama W/o Avula Tarun. Aged 27 years, Occ Doctor, R/o Cherlopalem Village, Kovvur Mandal, SPSR Nellore District. ...Respondents R8 is impleaded as per the Court's Order dt.10.02.2025 in I.A.No. 02 of 2025. 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, Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing look out circular/direction against the petitioner at the instance of respondents Nos.5 to 7 and continued the same in connection with the crime No.87 of 2024 dated 25.12.2024 of PS Sri Potti Sriramulu Nellore and basing on that the Immigration Authorities, Bangalore Airport restrained the petitioner to travel Australia from India where he has been working as IT Professional and also in not considering and dispose of the representation dated 24.01.2025 made by the petitioner addressed to the 6 and 7 respondents is illegal, arbitrary, improper and interference with the petitioners right of personal liberty and free movement and contrary to the guidelines issued, by the Ministry of Home Affaires regarding issuance of LOC (look out circular) and violation of Articles 41 and 21 of the Constitution of India and beside violation of principles of natural justice and consequently to set aside the LOC. 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 grant interim direction, to direct the respondent Nos.6 & 7 to take steps to withdrawal/recall of the LOC issued against the petitioner. Counsel for the Petitioner: SRI V V LAKSHMI NARAYANA Counsel for the Respondents 1 & 2 : SRI PASALA PONNA RAO DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondents 3 to 7: GP FOR HOME Counsel for the Respondent No.8: SMT NIMMAGADDA REVATHI The Court made the following order; 1 APHC010043152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] Pi THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2199/2025 Between: A Tarun ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VV LAKSHMI NARAYANA Counsel for the Respondent(S): 1.GP FOR HOME 2.NIMMAGADDA REVATHI 3. The Court made the following: ORDER:- 1. This writ petition is filed claiming the following relief: “...to issue a Writ, Order, Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing look out circular/direction against the petitioner at the instance of respondents Nos. 5 to 7 and fW 2 continued the same in connection with the crime No. 87 of 2024 dated. 25.12.2024 of PS Sri Potti Sriramuiu Nellore and basing on that the Immigration Authorities, Bangalore Airport restrained the petitioner to travel Australia from India where he has been working as IT Professional and also in not considering and dispose of the representation dated 24.01.2025 made by the petitioner addressed to the 6 and 7 respondents is illegal arbitrary improper and interference with the petitioners right of personal liberty and free movement and contrary to the guidelines issued by the Ministry of Home Affaires regarding issuance of LOC (look out circular) and violation of Articles 41 and 21 of the Constitution of India and beside violation of principles of natural justice and consequently to set aside the LOC pass such other order or orders... ” During hearing, learned counsel for the petitioner submits that, when the petitioner was apprehended by the respondent authorities i.e., the immigration authority in the Bangalore Airport stating that a Look Out Circular was issued against the petitioner, in view of pendency of FIR No.87 of 2024 on the file of Sri Potti Sriramuiu Nellore Police Station, and later handed over 2. to the respondent/station House Officer. He submits that, a notice was also issued to him under Section 41-A of the Criminal Procedure Code (Cr.P.C.). In view of issuance of Notice under Section 41-A Cr.P.C, the petitioner is under obligation to inform about his arrival and departure to the respondents/police authorities. Therefore, Look Out Notice issued by the respondents cannot be continued against the petitioner. 3 He further asserts that, the primary purpose of a Look Out Circular 3. (LOG) is to monitor and inform authorities of the petitioner’s arrival and departure. If this purpose has already been fulfilled, there remains no valid reason for the continuation existence of the LOG, as its original intent already has been addressed and is no longer relevant. Therefore, the Look Out Circular issued against the petitioner is liable to be quashed. On the other hand, learned Government Pleader for Home, appearing 4. for Respondent Nos.6 and 7 furnished written instructions, dated 04.02.2025 issued by Sub Inspector of Police, Women Police Station, Nellore, SPSR Nellore District, would submit that, the petitioner and G. Sushma having matrimonial disputes. Further G. Sushma lodged a complaint before the Station House Officer, Mahila Urban Police Station, Nellore SPS Nellore District, who is the respondent No.7 in this Writ Petition on dated.25.12.2024 Basing on the contents of the against the petitioner and his parents. complaint, the respondent No.7 called the petitioner and his parents for preliminary enquiry and family counseling. But the petitioner did not turnup to the respondent No.3 police station. Further the respondent No.7 registered the same as Cr.No.87 of 2024, U/s.85,351(2) BNS Section 3 & 4 of Dowry Prohibition Act, 1961 of Mahila Urban Police Station, Nellore registered against the petitioner and 3 others. 4 During the course of investigation, the Investigation Officer examined the LW-1 to 6 and recorded their detailed statements U/s 180(3) BNSS, further the Investigation Officer added the Section 316(2) BNS and filed the Later, respondent No.3 sent letter to Superintendent of Police, Nellore to send look out circular (LOG) to the concerned authorities, to secure the presence of the petitioner, as he might fly 5. Memo in the Hon’ble Court. to other countries. Learned Government Pleader submits that, the investigation is still pending and the petitioner shall cooperate with the investigation being done by the police agency and he shall appear before the investigating officer concerned as and when required. 6. Heard learned counsel for the petitioner, learned Government Pleader 7. for Home and perused the material available on record. Undisputedly, the petitioner was apprehended by the respondent authorities of the immigration at the Bangalore Airport stating that a Look Out Circular was issued against the petitioner, in view of pendency of FIR No.87 of 2024 on the file of Sri Potti Sri Ramulu Nellore Police Station, and later handed over to the 7'*^ respondent/Station House Officer. Then Notice issued to him under Section 41-A of the Criminal Procedure Code (Cr.P.C.). Continuation of LOC to secure the presence of the petitioner is not necessary. 8. was 5 In view of issuance of Notice under Section 41-A Cr.P.C by the 9. respondents to the petitioner shall comply with the directions issued in the Notice under Section 41-A Cr.P.C. Further, the petitioner shall inform about his arrival and departure to the respondents/police authorities whenever he is leaving the country. In such case, when directions under Section 41-A Cr.P.C are issued, issuance of LOC for detention of petitioner no more survives. Accordingly, LOC is liable to be set-aside. In the result, writ petition is allowed, declaring the action of the respondents in keeping the Look Out Notice issued against the petitioner in force even after issuance of 41-A Notice to the petitioner, as illegal and 10. arbitrary, while setting-aside the same. Consequently, miscellaneous applications pending if any, shall stand 11. closed. Sd/-K.SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Ministry of External Affairs, Union of India 110001. 2. The Commissioner Immigration, Union of India, Bureau of Immigration Ministry of Home Affairs, East Block, VIII Level, V Sector, 1 R K Puram New Delhi. 3. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, Andhra Pradesh-522503. New Delhi - i The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District, AP. The Additional Director General of Police, CID, Mangalagiri, Guntur District, AP. The Superintendent of Police, Potti Sriramulu Nellore District, AP. The Station House Officer, Mahila Urban Police Station, Nellore, SPS Nellore District, AP. One CC to Sri V V Lakshmi Narayana, Advocate [OPUC] One CC to Sri Smt Nimmagadda Revathi, Advocate [OPUC] One CC to Sri Pasala Ponna Rao, Deputy Solicitor General of India [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] Two CD Copies 4. 5. 6. 7. 8. 9. 10. 11. 12. PIAM HIGH COURT DATED:13/02/2025 ORDER of 5 0 6 MAR 20?5 E ^ . Current Section . WP.No.2199 of 2025 ALLOWING THE WP WITHOUT COSTS