Andhra Pradesh High Court - Amravati
Lakshmi Gowthami Guttikonda vs The State Of Andhra Pradesh, on 1 February, 2022
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.1538 OF 2022
ORDER:-
This writ petition for a Mandamus under Article 226 of the
Constitution of India is filed to declare the action of the respondents
in keeping the Look-Out Circular (L.O.C.) dated 31.08.2021 issued in
Crime No.44 of 2020 of C.I.D. Police Station, Mangalagiri, as illegal,
arbitrary and unconstitutional and consequently sought for quash of
the said L.O.C. issued against the petitioner.
2. Heard learned counsel for the petitioner and learned
Assistant Government Pleader for Home appearing for 1st
respondent, Sri B.Hemantha Kumar, learned Standing Counsel for
Central Government appearing for respondents 2 and 3 and Sri
T.M.K. Chaitanya, learned Standing Counsel-cum-Special Public
Prosecutor for C.I.D. appearing for respondents 4 and 5.
3. The petitioner is the accused in Crime No.44 of 2020 of
C.I.D. Police Station, Mangalagiri. The said case was initially
registered against the petitioner for the offence punishable under
Section 420 of the Indian Penal Code, 1860 (for short "I.P.C.").
4. A Look-Out Circular was issued against the petitioner which
is dated 31.08.2021 in the above crime. Earlier, the writ petitioner
has approached this Court by way of filing W.P.No.26760 of 2021
for declaration that issuance of the said L.O.C. against the
petitioner is illegal and to direct for return of the passport of the
petitioner. This Court has disposed of the said writ petition with a
direction to the petitioner to approach the concerned and move an
application to cancel the L.O.C. and to release the passport of the
petitioner on the grounds which are urged in the said writ petition.
5. The petitioner accordingly approached the Superintendent of
Police, SCRB, CID, A.P. to cancel the said L.O.C. Her request was
rejected by an order dated 12.01.2022. Therefore, aggrieved
thereby, the petitioner has filed the present writ petition seeking
the aforesaid reliefs.
6. Sri T.M.K. Chaitanya, learned Standing Counsel-cum-
Special Public Prosecutor would submit that the entire
investigation in this case is completed and charge sheet was filed
before the appropriate Court against the petitioner for the offences
punishable under Sections 420, 494, 485, 506 r/w 114, 34 of
I.P.C. and the case is now pending trial before the said Court.
7. In that view of the matter, this Court is of the considered
view that in view of the law laid down in the case of Dasari
Sudheer v. State of Andhra Pradesh and others1, the petitioner
has to approach the trial Court and seek the aforesaid relief of
cancelling the L.O.C. In the aforesaid Judgment of Erstwhile High
Court of Andhra Pradesh, it is held that the petitioner can as well
approach the trial Court to seek cancellation of L.O.C.
8. Therefore, this Writ Petition is disposed of with a direction to
the petitioner to approach the trial Court and file an appropriate
application seeking cancellation of L.O.C. In case, any such
application is filed before the trial Court, before whom the charge
sheet is filed, the trial Court shall dispose of the said application
2015 (3) ALT 1
according to law after hearing the petitioner and the prosecution
within two (02) weeks from the date of filing the said application.
There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any pending, in this
Writ Petition, shall stand closed.
_____________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date : 01-02-2022
ARR
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.1538 OF 2022
Date : 01-02-2022
ARR
