Dr.Mani Akkineni, vs State Of Andhra Pradesh,

          HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI

                   MAIN CASE No.W.P.No.29871 of 2022

                             PROCEEDING SHEET
Sl.     DATE                             ORDER                                   OFFICE
No.                                                                               NOTE
(2)   16-09-2022   CMR, J.                                                      Trans-
                                                                                ferred to
                                                                                I.O.
                       Learned Government Pleader for Home takes notice         Folder.


                   for respondents 1 to 4 and learned Deputy Solicitor

                   General takes notice for 5th respondent. Both of them

                   request time to file counter-affidavits.

                       List the matter after four weeks.

                                    I.A.Nos.1 and 2 of 2022

                     The legal validity of issuance of LOC against the

                   petitioner on the ground that a crime was pending

                   against her is questioned by the petitioner relying on the

                   judgment of the Division Bench of Punjab and Haryana

                   High Court at Chnadigarh in the case of Noor Paul v.

                   Union of India (MANU/PH/0561/2022), wherein at

                   para.66 the Official Memorandum, dated 22.02.2021,

                   issued prescribing certain guidelines for issuance of

                   LOC, was extracted and at para.67, it was held that

                   when there is no adverse effect on the economic interst

                   of India has been made out either in the original request

                   made for issuance of LOC, due recourse could not have

                   been taken for a coercive process like issuance of LOC.

                       Learned Senior Counsel appearing for the petitioner
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Sri B.Adinarayana Rao, would submit that as per the

said guidelines prescribed in the Official Memorandum,

mere registration of crime or pendency of investigation

cannot be a valid ground for issuance of LOC. Therefore,

on the aforesaid ground the legal validity of the LOC that

was issued against the petitioner is questioned in the

main Writ Petition.

   Therefore, as the legal validity of the LOC that was

issued against the petitioner is challenged in the Writ

Petition, which is to be decided in the main Writ Petition,

after the respondents file their counter-affidavits, there

shall be interim suspension of the impugned LOC issued

against the petitioner, till the next date of hearing.

    The petitioner is permitted to leave for USA and

again return to India as per her schedule. However, as it

is vehemently contended by the learned Government

Pleader for Home that the petitioner is not cooperating

with   the   Investigating    Officer   to   complete    the

investigation, and she is not appearing before the

Investigating Officer in response to the notices served on

her, the petitioner is directed to cooperate with the

Investigating Officer for completion of investigation.

    Learned Senior Counsel appearing for the petitioner

would submit that the petitioner is ready to appear
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before the Investigating Officer tomorrow itself.

    Therefore, the petitioner is directed to appear before

the Investigating Officer tomorrow at 10.30 A.M. at NRI

Hospital, Mangalagiri.     The process of examination/

interrogation or whatever the process it may be, shall be

completed by the Investigating Officer by 5.00 P.M.

tomorrow. She shall be treated with human dignity and

she shall not be subjected to any pointless grilling or any

harassment.

    The Investigating Officer is directed to inform that

the LOC that was issued against the petitioner was

suspended by this Court till the next date of hearing to

the 5th respondent Bureau of Immigration, Ministry of

Home Affairs, New Delhi.


                                                    _________
                                                     CMR, J.

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