APHC010493542026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY, THE 21st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26920/2026 Between: 1. MANDALAPARTHI BHARADWAJ, S/O M. KAMESWARA RAO, AGED ABOUT 36 YEARS, OCC PRIVATE EMPLOYEE PRESENTLY RESIDING AT USA ON EMPLOYMENT, PERMANENT ADDRESS D.NO.10-5-14, RAMALAYAM CENTRE, MAMILIGUDEM KHAMMAM DISTRICT, TELANGANA STATE. 2. MANDALAPARTHI PADMAVATHI, W/O M. KAMESWARA RAO AGED ABOUT 66 YEARS, OCC HOME MAKER D.NO.10-5-14, RAMALAYAM CENTRE, MAMILIGUDEM, KHAMMAM DISTRICT, TELANGANA STATE. 3. MANDALAPARTHI KAMESWARA RAO, S/O. M SATYANARAYANA MURTHY, AGED ABOUT 69 YEARS, OCC RETIRED EMPLOYEE D.NO.10-5-14, RAMALAYAM CENTRE, MAMILIGUDEM, KHAMMAM DISTRICT, TELANGANA STATE. 4. MANDALAPARTHI ABHIRAM, S/O M. KAMESWARA RAO, AGED ABOUT 33 YEARS, OCC PRIVATE EMPLOYEE, PRESENTLY RESIDING AT USA ON EMPLOYMENT PERMANENT ADDRESS D.NO.10-5-14, RAMALAYAM CENTRE, MAMILIGUDEM, KHAMMAM DISTRICT, TELANGANA STATE ...PETITIONER(S) AND 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, CENTRAL SECRETARIAT, 2 NEW DELHI, DELHI 110001 2. THE BUREAU OF IMMIGRATION BOL, MINISTRYOF HOMEAFFAIRS,GOVERNMENTOF INDIA REP. BY ITS COMMISSIONER, O/O EAST BLOCK-VIII LEVEL-V, SECTOR-1, RAMA KRISHNA PURAM, NEW DELHI- 110066 3. THE BUREAU OF IMMIGRATION BOL, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, REP. BY ITS JOINT DIRECTOR (IMMIGRATION), NORTH BLOCK, NEW DELHI- 110 066 4. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS. SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522237 5. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 522002 6. THE SUPERINTENDENT OF POLICE, RAJAHMUNDRY, EAST GODAVARI DISTRICT 533101 7. THE STATION HOUSE OFFICER, RAJAHMUNDRY WOMEN POLICE STATION, RAJAHMUNDRY, EAST GODAVARI DISTRICT 533101 ...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 or direction more particularly one in the nature of WRIT OF MANDAMUS the action of the respondents in issuing Look Out Circulars against the petitioners herein as bad, arbitrary, illegal and unjust and is in violation of the fundamental rights guaranteed to them under Articles 14,19 and 21 of the Constitution of India, apart from being in violation of the principles of natural justice and consequently set aside the same and further direct the respondents to not to interfere with personal life and liberty of the petitioners herein without following due process of law 3 IA NO: 1 OF 2026 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 not to seize the passports of the petitioners under the guise of pending Look Out Circulars (LOCs) IA NO: 2 OF 2026 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 2nd and 3rd Respondents to not to detain the Petitioners on the pretext of pending Look Out Circulars (LOCs) IA NO: 3 OF 2026 Petition under Section 151 of 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 withdraw the Look Out Circulars (LOCs) issued against the Petitioners Counsel for the Petitioner(S): 1. M SRI ATCHYUT Counsel for the Respondent(S): 1. GP FOR HOME 2. The Court made the following: 4 ORDER: Questioning the action of the respondent authorities in issuing the Look Out Circulars (LOC) against the petitioners in connection with Crime No.60 of 2026 dated 21.04.2026 registered at Mahila Police Station, Rajamahendravaram, the present Writ Petition has been filed. 2. Heard Sri M.Radha Krishna, learned counsel representing Sri M.Sri Atchyut, learned counsel for the petitioner, Smt Divya Datla, learned Central Government Counsel appearing for respondent Nos.1 to 3 and learned Assistant Government Pleader for Home Department appearing for respondent Nos.4 to 7. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that 1st petitioner’s wife lodged a complaint against the petitioners on 21.04.2026. Based on the said complaint, a case was registered in Crime No.60 of 2026 of Mahila Police station for the offences punishable under Section 85 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of Dowry Prohibition Act, 1961. He further submitted that when petitioner Nos.1 & 2 arrived in India from USA on 04.08.2026, they were stopped and detained by the Immigration authorities on the ground that Look Out Circulars (LOCs) have been issued against them. Thereafter, upon the undertaking given by petitioner Nos.1 & 2, to cooperate with the Mahila PS, Rajamahendravaram, they were released by the Immigration 5 authorities. He further submitted that petitioner Nos.1 & 2, after reaching their hometown, came to know that an absconding charge sheet vide C.C.No.1583 of 2026 on the file of the IV Additional Judicial First Class Magistrate, Rajamahendravaram, has been filed against them and the same is pending consideration and it is posted for hearing on 19.11.2026 for summons. Learned counsel further submitted that due to the pendency of the LOC, the 1st petitioner, who is residing in the USA, is unable to travel to India and appear before the concerned Court, as there is every likelihood of being detained by the immigration authorities immediately upon his arrival in India. He further submitted that the petitioner is ready and willing to cooperate with the investigation in Crime No.60 of 2026 of Mahila Police Station, as such, prayed to pass appropriate orders protecting the interest of the petitioners. 4. On the other hand, learned Central Government counsel, submitted that the petitioners have not approached the concerned Court at the first instance and straight away filed the present writ petition and this Court cannot adjudicate the same. However, if the petitioners intend to appear before the concerned Court, this Court may consider the same and pass appropriate orders. 6 5. Learned Assistant Government Pleader for Home also made similar submissions. 6. Perused the material available on record and considered the submissions made by learned counsel for the parties. 7. It is not in dispute that Crime No.60 of 2026 was registered on the file of Mahila Police Station against the petitioners for the offences punishable under Section 85 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of Dowry Prohibition Act, 1961, based on the complaint lodged by the 1st petitioner's wife. It is also not in dispute that the respondent authorities issued a Look Out Circular (LOC) against the petitioners on the ground that the aforesaid crime had been registered against them and that they were absconding and not cooperating with the investigation. However, the petitioners have approached this Court contending that they are ready and willing to cooperate with the investigation and that, if the operation of the Look Out Circular is suspended, the 1st petitioner who is in the USA will appear before the Station House Officer concerned and extend his cooperation with the investigation. 8. As could be seen from the record, the offences registered against the petitioner are not heinous in nature. Further, the case filed vide C.C.No.1583 of 2026 on the file of the IV Additional Judicial First Class 7 Magistrate, Rajamahendravaram, is posted for hearing on 19.11.202 for summons. 9. In view of the facts and circumstances of the case and taking into consideration the submissions made by the learned counsel for the petitioner as well as the learned counsel appearing for the respondents, this Court, with the consent of both the parties, is inclined to dispose of the Writ Petition by passing the following order: i. The petitioners shall appear before the concerned Court within 48 hours of his arrival in India and shall cooperate with the case in C.C.No.1583 of 2026 on the file of the IV Additional Judicial First Class Magistrate, Rajamahendravaram. ii. The Look Out Circular issued against the petitioners shall stand suspended for a period from 30.10.2026 to 24.11.2026. iii. The petitioner is at liberty to make appropriate application before the competent authority concerned for recalling/withdrawing the Look Out Circular, if so advised. iv. If the petitioners failed to cooperate with the investigation or failed to appear before the concerned Court in C.C.No.1583 of 2026, the protection granted by this Court shall stand automatically vacated and the respondent authorities shall be at liberty to proceed in accordance with law. 8 10. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 21st September, 2026 Note: Issue C.C. by 28.09.2026 B/o RKS