Andhra Pradesh High Court - Amravati
Kiran Somasekar vs The State Of Andhra Pradesh on 22 October, 2021
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.24042 of 2021
ORDER:
This writ petition is filed for a mandamus declaring the
action of the respondents in issuing Look Out Circular against
the petitioner without following the procedure established by
law and without following the circular order, dated 27.12.2000,
issued in this regard, as illegal, arbitrary and consequently
sought direction to the respondents to withdraw the Look Out
Circular pending against the petitioner.
2. Heard learned counsel for the petitioner and learned
Assistant Government Pleader for Home for respondents 1 to 3.
3. The legal position involved in this Writ Petition is not
res integra. As per ratio laid down in the case of Dasari
Sudheer v. State of Andhra Pradesh1, by High Court of
Judicature at Hyderabad for the State of Telangana and the
State of Andhra Pradesh, when a Look Out Circular was issued,
the aggrieved person would have two options i.e. 1) approaching
the Officer who ordered for issuance of Look Out Circular with a
request to cancel it; and 2) he can also approach the trial Court
which can rescind the Look Out Circular by filing appropriate
application to that effect.
4. The High Court of Judicature at Hyderabad for the State
of Telangana and the State of Andhra Pradesh has also
considered the judgments rendered in the case of S.Martin v.
2015 (3) ALT 1 = 2015 Law Suit (Hyd) 322
Deputy Commissioner of Police2 of Madras High Court and
the other judgment rendered by the Delhi High Court in Sumer
Singh Salkan v. Assistant Director; Court On Its own Motion
Re; State v. Gurnek Singh Etc,3 wherein it is held as follows:
".... In the said circumstances, that it is open to the
petitioner to approach the Officer who ordered issuance of
LOC (OR) it is open for him to approach the trial Court
which can rescind the LOC issued on an appropriate
application made by the person concerned. ...."
5. Considering the law laid down in the aforesaid judgments,
this Court has recently in W.P.No.3506 of 2021, as per order
dated 14.09.2021, directed the petitioner therein to approach
the concerned trial Court and file an appropriate application for
cancellation of Look Out Circular.
6. In the instant case, it is stated that the investigation is
still pending and charge-sheet is not filed.
7. Therefore, in view of the law enunciated above, this Writ
Petition is disposed of with a direction to the petitioner to
approach the concerned officer, who issued the Look Out
Circular in question and file an appropriate application seeking
to withdraw the Look Out Circular that was issued against the
petitioner on the grounds which are now urged in this Writ
Petition. In case any such application is filed by the petitioner
before the concerned authority, he has to consider and dispose
2014 Law Suit (Mad) 250
2010 Law Suit (Del) 1628
of the same expeditiously and preferably within three weeks
from the date of filing of the said application. No costs.
Miscellaneous Petitions, if any pending, in this Writ
Petition, shall stand closed.
______________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date:22.10.2021.
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