Thippisetty Ranga Prasad vs The State Of Andhra Pradesh,
2022 Latest Caselaw 816 AP

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.

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

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

WRIT PETITION No.29368 of 2021

Date: 14-02-2022

AKN