APHC0 10585672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 30118/2025 Between: 1. MEDISETTI RAMA SATYA RAO,, S/O. M. APPALA SATYANARAYANA, AGED 29 YEARS, R/O FLAT NO.207, MAISON ET TRAVAILLE IV APARTMENT, 3-29-2 STREET, FURUKAWA STATION SOUTH (AREA), OSAKI CITY, MIYAGI PREFECTURE (STATE), JAPAN - 989-6161 (PIN CODE). REP. THROUGH HIS SPECIAL POWER ATTORNEY, SRI M. APPALA SATYANARAYANA, S/O M. SATYAM, AGED 56 YEARS, R/O FLAT NO.203, RANI ENCLAVE, ASHOK NAGAR, KURMANNAPALEM, VISAKHAPATNAM. ...PETITIONER AND 1. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI- 110 001. 2. THE BUREAU OF IMMIGRATION, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, REP. BY ITS COMMISSIONER, IMMIGRATION, EAST BLOCK-VIII LEVEL-V, SECTOR-1, R.K. PURAM, NEW DELHI-110 066. 3. THE BUREAU OF IMMIGRATION MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, REP. BY ITS JOINT DIRECTOR, IMMIGRATION, NORTH BLOCK, NEW DELHI-110 066. 4. THE DIRECTOR GENERAL OF POLICE, DGP OFFICE, 6 BN, APSP, MANGALAGIRI TOWN, GUNTUR DISTRICT. 2 JS,J W.P.No.30118/2025 5. THE COMMISSIONER OF POLICE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 6. THE STATION HOUSE OFFICER, AIRPORT POLICE STATION, VISAKHAPATNAM VISAKHAPATNAM DISTRICT. 7. THE STATION HOUSE OFFICER, MAHILA POLICE STATION, VISAKHAPATNAM. ...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 tomay be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Look Out Circular issued against the petitioner in connection with Crime No.264 of 2024, Dt. 19.10.2024 on the file of the Mahila UPS, Visakhapatnam for the offences under Sections-85, 79, 351(2) of Bharatiya Nyaya Sanhita, 2023, and section 3 and 4 of Dowry Prohibition Act, 1961 as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and consequently set aside the same and pass such IA 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 may be pleased to suspend the Look Out Circular issued against the petitioner in connection with Crime No.264 of 2024, Dt. 19.10.2024 on the file of the Mahila UPS, Visakhapatnam, pending disposal of this writ petition and pass such Counsel for the Petitioner: 1. MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1. GP FOR HOME 2. Y V ANIL KUMAR 3. Y V ANIL KUMAR (Central Government Counsel) This Court made the following: 3 JS,J W.P.No.30118/2025 ORDER: Heard learned counsel for the petitioner, learned Central Government Standing Counsel for the Union of India, and learned Assistant Government Pleader for Home. 2. The petitioner went to Japan to pursue his master's degree in Electronics and Communication and stayed with his brother. The petitioner's brother got married on February 9, 2022, and moved to 331, Horikawamachi, Toyama, 939-8072, to live with his wife. 3. The petitioner has obtained employment as an Embedded Systems Engineer at Alps Alpine Co. Ltd. in Osaki City. He is residing at Flat No. 207, Maison et Travalle IV Apartment, 3-29-2 Furukawa Station South, Osaki City, Miyagi Prefecture, Japan, postal code 989-6161. His residence is approximately 800 kilometers away from his brother's residence. 4. Learned counsel for the petitioner submits that petitioner’s sister-in-law returned to India due to some differences and lodged a complaint vide F.I.R. No. 264 of 2024 on the file of Mahila UPS, Visakhapatnam, for offences under Sections 85, 79, 351(2) of Bharatiya Nyaya Sanhita, 2023, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 5. The petitioner responded to the email dated 22.10.2024, requesting more time. Learned counsel for the petitioner further submits that they became aware of the filing of the charge sheet and the opening of LOC only after the filing of Crl.P.No.8089 of 2025. 6. The Look Out Circulars can be issued in exceptional cases if the departure of the concerned individual would harm India's sovereignty, security, or integrity, or if it would damage bilateral relations with any country. 7. In the present matter, the petitioner, accused no. 4, is implicated in Crime No. 264 of 2024, pertaining to offences under Sections 85, 79, 351(2) 4 JS,J W.P.No.30118/2025 of the Bharatiya Nyaya Sanhita, 2023, and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The case is of a minor nature. The respondents have issued a Lookout Circular (LOC) against the petitioner, who resides in Japan. When a similar issue was adjudicated by this Court in W.P. No. 4788 of 2025, this Court, at paragraphs 18 and 19, observed as follows: “18. Sub-para L of the circular dt.22.02.2021 indicates that Look-Out Circulars could be issued in exceptional cases where the departure of the person concerned will be detrimental to the sovereignty, security and integrity of India or is detrimental to the bilateral relations with any country or to the strategic and/or economic Interests of India or that person may potentially indulge in an act of terrorism or offence against the State, if such person is allowed to leave or where travel ought not be permitted in the larger public interest at any given point of time. “19. In the case at hand, as observed supra, the case registered against the petitioner is under Sections 85 & 82 of the BNS Act, 2023. The instructions mentioned in Sub-para L of the circular, the case hand may not warrant issuance of LOC. By the date of registering the crime, the petitioner resides in Australia and thus the petitioner may not be aware of the issuance of the Look-Out Circular. The authority, in the considered opinion of this court, shall-apply its thoughts to the facts of each case before issuing LOC. A Look-Out Circular which is a coercive measure to make a person surrender and consequentially interfere with his right to personal liberty and free movement certainly has adverse civil consequences.” 8. Learned counsel further submits that the petitioner is arriving in India on the 14th of this month and will appear before the concerned Police Station on the following day, i.e., the 15th of this month. He prays that the respondents may not take any coercive steps against the petitioner during his visit to India. 9. The learned Assistant Government Pleader representing respondents Nos. 4 to 7 and the Central Government Counsel for the Union of India contend that since the petitioner does not reside in India, a charge sheet for 5 JS,J W.P.No.30118/2025 absconding (C.C. No. 1311 of 2025) was filed against him. The petitioner had interacted with the police under the impression that a notice under Section 35 (3) of BNSS, 2023 would be issued. However, the respondents, without prior notice, have issued and activated an LOC against the petitioner (C.No. 6910/C61/IP/SCRB/2025, dated 16.01.2025). They argue that suspending the LOC might result in the petitioner failing to appear, and therefore, they seek the dismissal of the Writ Petition. 10. It is not in dispute that the petitioner was wrongly shown as accused No.4 in Crime No.264 of 2024. 11. It is also not in dispute that the offences in which the petitioner was involved pertain to a matrimonial dispute. 12. It is also not in dispute that the petitioner is residing 800 kilometres away from the complainant (his sister-in-law). Since the petitioner is willing to appear before the Mahila UPS, Visakhapatnam, and this Court, relying on the Order passed in W.P.No.4788 of 2025, considered it appropriate to set aside the LOC issued to the petitioner and to direct the police to issue a 35 (3) notice. Subsequently, the petitioner shall provide the necessary security and cooperate with the investigation. 13. At this juncture, learned counsel for the petitioner fairly submits that the petitioner will make an appropriate application in C.C.No.1311 of 2025,on the file of learned Additional Chief Metropolitan Magistrate, Visakhapatnam, and after getting permission, he can go abroad for the job. Given the same, liberty is given to the petitioner to file an appropriate application on the file of learned Additional Chief Metropolitan Magistrate, Visakhapatnam in C.C.No.1311 of 2025, if such an application is filed, the learned Additional Chief Metropolitan Magistrate, Visakhapatnam shall consider and pass appropriate orders. 14. Accordingly, the Writ Petition is disposed of. No costs. 6 JS,J W.P.No.30118/2025 As a sequel, miscellaneous pending applications, if any, shall stand closed. ___________________________ JUSTICE SUMATHI JAGADAM Date: 06.11.2025 SCH 7 JS,J W.P.No.30118/2025 43 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 30118/2025 Date:06.11.2025 SCH