This Writ Petition For A Mandamus ... vs Unknown
2022 Latest Caselaw 805 AP

Citation : 2022 Latest Caselaw 805 AP
Judgement Date : 11 February, 2022

Andhra Pradesh High Court - Amravati

This Writ Petition For A Mandamus ... vs Unknown on 11 February, 2022

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                   WRIT PETITION No.2595 of 2022

ORDER:-

       This Writ Petition for a mandamus is filed to declare the

action of respondents in issuing Look Out Circular against the

petitioner as illegal, arbitrary and unconstitutional and

consequently prayed to cancel the said Look Out Circular.

Heard learned counsel for the petitioner and learned

Assistant Government Pleader for Home.

As per the ratio laid down in the case of Dasari Sudheer v.

State of Andhra Pradesh1, the Common High Court of

Telangana and Andhra Pradesh held that 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. The said

judgment was rendered on the basis of the judgment of the

Madras High Court rendered in the case of S.Martin v. Deputy

Commissioner of Police2 and the Delhi High Court in the case

of 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

2015 (3) ALT 1 = 2015 Law Suit (Hyd) 322

2014 Law Suit (Mad) 250

2010 Law Suit (Del) 1628

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. ...."

Following the aforesaid ratio rendered in the aforesaid

judgments, this Court also in W.P.No.24042 of 2021 directed the

petitioner to approach the officer who issued the LOC or the trial

Court with a request to cancel the said LOC.

Therefore, in view of the settled law in this regard, this Writ

Petition is disposed of with a direction to the petitioner to approach

the officer, who issued the LOC or the trial Court and file an

appropriate application to cancel the LOC on the grounds which

are now urged in this Writ Petition. In case the petitioner

approaches the concerned officer or the concerned Court with an

application to cancel the said LOC, the said officer or the Court, as

the case may be, shall dispose of the said application according to