THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.29368 of 2021
ORDER:-
This Writ Petition for a mandamus is filed to declare the
action of the respondents in not revoking the Look Out Circular
(LOC) issued against the petitioners in Crime No.39 of 2015 on the file of Women Police Station even after the acquittal of the petitioners in C.C.No.391 of 2016 on the file of the learned II Additional Judicial Magistrate of First Class, Ongole, as illegal, arbitrary and unconstitutional and consequently sought direction to the 3rd respondent to remove the names and photographs of the petitioners from the LOC and to pass such other orders which are deemed fit in the facts and circumstances of the case.
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for respondents 1 to 4.
The petitioners are A-2 and A-5 in Crime No.39 of 2015 of Women Police Station which was registered for the offences punishable under Section 498A IPC and under Sections 3 and 4 of the Dowry Prohibition Act. After completion of the investigation, charge sheet was filed in the trial Court which is numbered as C.C.No.391 of 2016. The trial of the case also concluded and in the final adjudication of the case, the petitioners were acquitted in the said case as per the judgment pronounced by the trial Court on 21.10.2021. It appears that during the pendency of the said case that a Look Out Circular was issued against the petitioners. 2
Now, the grievance of the writ petitioners is that even after they were acquitted in the said case on 21.10.2021 that still the Look Out Circular is being continued without revoking the same or cancelling the same. Therefore, questioning the said inaction on the part of the respondents in not revoking or cancelling the said LOC, the present Writ Petition has been filed seeking the aforesaid relief.
Learned Assistant Government Pleader for Home, on written instructions, would fairly concede that the petitioners were acquitted in the said criminal case as per the judgment pronounced by the trial Court on 21.10.2021. Admittedly, no appeal has been preferred against the said judgment till now. Therefore, when the petitioners were acquitted in the said case for the said offences, there is absolutely no justification on the part of the respondents in still continuing the said LOC issued against the petitioners without cancelling or revoking the same. Certainly, it would be an impediment for the petitioners to exercise their right of free movement.
Therefore, in the said facts and circumstances of the case, the Writ Petition is disposed of with a direction to the respondents to revoke and cancel the said LOC that was issued against the petitioners within two weeks from the date of this order.
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 14.02.2022 AKN 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.29368 of 2021 Date: 14-02-2022 AKN