APHC010517722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 26735/2025 Between: 1. GARIKAPATI NAGA NAVYA, W/O. CHALASANI HARSH, AGED 23 YEARS, R/O. N0.IO6-A, GANGAPUR ROYAL PALACE, EAST POINT COLONY, VISAKHAPATNAM ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HOME AND EXTERNAL AFFAIRS, NORTH BLOCK, NEW DELHI - 110001 2. BUREAU OF IMMIGRATION BOL, EAST BLOCK - VIII. R.K. PURAM, NEW DELHI-110066. 3. DEPUTY DIRECTOR, BUREAU OF IMMIGRATION (BOL), EAST BLOCK - VIII, RK PURAM, NEW DELHI-110066. 4. THE COMMISSIONER OF POLICE, VIJAYAWADA. 5. THE STATION HOUSE OFFICER, PATAMATA P.S., VIJAYAWADA. 2 JS,J W.P.No.26735 of 2025 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 7. CHALASANI HARSHA, S/O. VENKATESWARA RAO, AGED ABOUT 26 YEARS, R/O. D.NO.59A-21/4-4-5/A, R.R. GARDENS, PATAMATA, VIJAYAWADA. ...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 topleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus to direct the Respondents 2 to 5 to cancel the Look Out Circular (LOC) issued against Garikapati Naga Navya in relation to FIR No.717 of 2023 on the file of the Station House Officer, Patamata P.S., Vijayawada as charge sheeted in CC No.2282 of 2024 on the file of the IV Additional Chief Metropolitan Magistrate, Vijayawada in the interest of justice and pass 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 Pleased to suspend the operation of the Look Out Circular (LOC) issued against Garikapati Naga Navya in relation to FIR No.717 of 2023 on the file of the Station House Officer, Patamata P.S., Vijayawada as charge sheeted in CC No.2282 of 2024 on the file of the IV Additional Chief Metropolitan Magistrate, Vijayawada, pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. G RAMA GOPAL Counsel for the Respondent(S): 3 JS,J W.P.No.26735 of 2025 1. GP FOR HOME 2. Y V ANIL KUMAR The Court made the following: 4 JS,J W.P.No.26735 of 2025 ORDER: The present Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: “…..to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus to direct the respondents 2 to 5 to cancel the Look Out Circular (LOC) issued against Garikapati Naga Navya in relation to FIR No.717 of 2023 on the file of the Station House Officer, Patamata P.S., Vijayawada as charge sheeted in C.C.No.2282 of 2024 on the file of the IV Additional Chief Metropolitan Magistrate, Vijayawada, in the interest of justice and pass such other order or orders………” 2. Heard learned counsel for the petitioner, learned Central Government Standing Counsel for the Union of India, and learned Assistant Government Pleader for Home. 3. The petitioner got married to the 7th respondent on 03.12.2022. As the 7th respondent was subjecting the petitioner to cruelty and harassment, the petitioner filed a complaint vide FIR No.147 of 2023 on the file of the III Town P.S., Visakhapatnam, for the offences under Section 498-A of IPC and Sections 3 and 4 of the Dowry Prohibition Act. The police have filed charge sheet vide C.C.No.988 of 2024 on the file of the I Additional Chief Metropolitan Magistrate, Visakhapatnam. 4. To counterblast the complaint filed by the petitioner, the 7th respondent lodged a report on 22.07.2023 vide FIR No.717 of 2023 for 5 JS,J W.P.No.26735 of 2025 the offences under Sections 420, 448, 323, 380 r/w 34 of IPC. The police have filed charge sheet vide C.C.No.2282 of 2024 on the file of the IV Additional Chief Metropolitan Magistrate, Vijayawada. 5. The petitioner has filed a Criminal Petition No.2823 of 2025 before this Court seeking to quash the proceedings in C.C.No.2282 of 2024. This Court vide order dated 18.03.2025 has granted stay of all proceedings in C.C.No.2282 of 2024 and the same was extended thereafter. 6. On 23.01.2025, the IV Additional Chief Metropolitan Magistrate, Vijayawada, has issued NBW to the petitioner and the same was recalled vide order dated 12.08.2025. 7. Learned counsel for the petitioner submits that after completing M.S. at London, the petitioner returned to India and when the petitioner arrived Delhi Airport on 24.07.2025, the Immigration Authorities have detained her in the Airport. The complaints filed by the petitioner and the respondent are with regard to their matrimonial matters and, therefore, the very issuance of Look Out Circular (LOC) against the petitioner in a matrimonial dispute for the offence the offences under Sections 420, 448, 323, 380 r/w 34 of IPC. is per se illegal and the same is liable to be quashed. 8. The learned Assistant Government Pleader representing respondents Nos. 4 to 6 and the Central Government Counsel for the Union of India contend that the petitioner is cited as A.1 in C.C.No.2282 of 2024 and her presence is required before the Court during the course 6 JS,J W.P.No.26735 of 2025 of trial and if the LOC is withdrawn, the petitioner may abscond from India and ultimately the victim would be deprived of justice. Therefore, they seek the dismissal of the Writ Petition. 9. In reply, learned counsel for the petitioner submits that the petitioner is ready to appear before the Court as and when her presence is required and prayed to quash the Look Out Circular issued against her. In support of his submission, learned counsel for the petitioner, has relied on the order, dated 09.10.2023, passed by this Court in W.P. No.16136 of 2023, wherein this Court at Para Nos.6 and 7 held as follows: “6. The Look Out Circular (LOC) has not been defined anywhere legally. In Sumer Singh Saikan Vs. Assistant Director’s case in W.P. (Crl.) No.1315 of 2008 and Crl.Ref.No.1 of 2006, High Court of Delhi held that LOC 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 as against the accused therein. It is trite that the recourse can be had for issue of LOC by the police only in drastic contingencies. Without there being any proper procedure followed, coming to conclusion, to issue LOC is bad. It is not that the accused is not cooperating with the trial or is evading arrest. In W.P. No.12687 of 2022, dated 02.05.2022, this Court held as hereunder: 7 JS,J W.P.No.26735 of 2025 “POINT: I gave my anxious consideration to the above respective submissions. It is trite that the recourse can be had for 1 2015 SCC OnLine Hyd 816 = (2015) 3 ALT 1 5 issue of LOC only in extreme cases where the investigating agency establishes that the accused in cognizable cases deliberately evaded arrest or not appeared despite issuing of NBW and other coercive measures and also that there was every likelihood of accused absconding from the Country so as to not to submit to the jurisdiction of the concerned Criminal Court and thereby to evade arrest/trial and other criminal proceedings. In Sumer Singh Saikan’s case cited by the learned counsel for the petitioners the High Court of Delhi reiterated the above aspect as to under what circumstance recourse to the LOC can be taken. 8. Be that it may, the present case is concerned, admittedly, we are not at the stage of issuing of LOC since it was already issued and pending against the petitioners. However what is germane for consideration is whether the LOC can be allowed to be continued against the petitioners when in the charge-sheet filed by the police, they gave clean chit to them. To confirm whether the police laid charge-sheet and exonerated petitioners or not, this Court through Registrar (Judicial) called for relevant information from the Court of Judicial Magistrate of I Class for Trial of Prohibition & Excise Offences-cum-FAC JMFC Mobile Court, Nellore. Learned Magistrate vide letter dated 29.04.2022 sent the relevant information stating that in Crime No.231/2021 the Sub- Inspector of Police, Disha Police Station, Nellore laid charge-sheet against accused Nos.1 to 3 on 24.09.2021 8 JS,J W.P.No.26735 of 2025 while mentioning that he found no involvement of accused Nos.4 And 5 i.e., the petitioners herein and thereby not charge-sheeted them. Learned Magistrate further intimated that the charge-sheet came up for consideration before him on 02.03.2022 and on perusal of the record he found prima facie case against the accused Nos.1 to 3 but found no incriminating material against the accused Nos.4 and 5 in the charge-sheet and hence he issued notice to de facto complainant directing her appearance before the Court on 25.04.2022 for filing objections if any. Accordingly de facto complainant appeared before the Court on 25.04.2022 and sought time for filing protest petition and hence learned Magistrate extended the time till 03.06.2022.” 7. By virtue of opening the LOC, the personal liberty of the person is curtailed. The LOCs are only the circular instructions that have been issued by the respondent/police only with a view to detain a person or to see that he will cooperate with the trial. Of late, in each and every case that has been registered under Section 498-A IPC, it has become common that the respondent/police, without looking into the aspects whether the petitioner is cooperating with the trial or he is evading arrest, in mechanical manner, are opening the LOCs. It is essential that the 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 such cases, the respondent/police can resort in opening the LOCs against the accused in not permitting them to leave the 9 JS,J W.P.No.26735 of 2025 country. If the accusation against the accused persons is such that it is detrimental to the Nation, then LOC can be issued.” 10. In similar circumstances, this Court in W.P.No.325 of 2025, dated 22.01.2025, allowed the Writ Petition by quashing the LOC issued against the petitioner therein. 11. In view of the facts and circumstances of the case and the law laid down by this Court, in the aforesaid Writ Petitions, the Writ Petition is allowed and the Look Out Circular issued against the petitioner is hereby quashed. If the petitioner is so advised, she is directed to appear before the trial Court and co-operate for trial. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ____________________ SUMATHI JAGADAM, J 5th November, 2025 kas/cbs 10 JS,J W.P.No.26735 of 2025 HON’BLE SMT. JUSTICE SUMATHI JAGADAM W.P.No.26735 of 2025 5th November, 2025 kas/cbs