Kailasapu Aravind Kumar vs The Union Of India
2022 Latest Caselaw 6493 AP

Citation : 2022 Latest Caselaw 6493 AP
Judgement Date : 7 September, 2022

Andhra Pradesh High Court - Amravati

Kailasapu Aravind Kumar vs The Union Of India on 7 September, 2022

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                WRIT PETITION No.20915 of 2022

ORDER:-

      This Writ Petition under Article 226 of the Constitution of

India is filed for mandamus to declare the action of respondents

4 and 5 in interfering with the liberty of the petitioner by

restraining him to travel abroad, as illegal and unconstitutional

and consequently sought direction to respondents not to

interfere with his liberty and restrain him from travelling

abroad.

Heard learned counsel for the petitioner, learned

Assistant Government Pleader for Home appearing for

respondents 2 to 4 and Sri P. Varun, learned counsel appearing

on behalf of learned Assistant Solicitor General, for respondents

1 and 5.

Learned Assistant Government Pleader for Home would

submit that a case in Crime No.261 of 2021 was registered

against the petitioner for the offences punishable under Section

498A IPC and under Sections 3 and 4 of the Dowry Prohibition

Act, 1961. In view of the registration of the said crime and

pendency of the trial of the said case in C.C.No.717 of 2021 on

the file of the learned I Additional Judicial Magistrate of First

Class, Tenali, Look Out Circular (LOC) was issued against the

petitioner and the same is now in force.

Learned counsel for the petitioner would submit that the

petitioner is not aware of any such LOC issued against him and

only after filing the Writ Petition that the petitioner came to

know through the submissions made by learned Assistant

Government Pleader for Home that LOC was issued against the

petitioner.

Therefore, as LOC was issued against the petitioner and if

the petitioner intends to go abroad during the pendency of the

said criminal case against him, the petitioner has to seek

remedy before the trial Court where the criminal case is pending

for trial. The Common High Court for the State of Telangana

and Andhra Pradesh in the case of Dasari Sudheer v. State of

Andhra Pradesh and others1 held that when Look Out

Circular was issued, the aggrieved person would have two

options i.e., 1) approaching the Officer who ordered for issuance

of LOC with a request to cancel it and 2) he can also approach

the trial Court which can rescind the LOC by filing appropriate

application to that effect. As per the said reported case,

passport of the petitioner therein was impounded after issuance

of LOC in view of pendency of a criminal case against him

2015 Law Suit (Hyd) 322

therein. When the petitioner therein approached the High Court

and sought cancellation of the LOC and also the order of

impounding the passport, the common High Court has

considered the law laid down in the judgments rendered in the

case of S. Martin v. Deputy Commissioner of Police and

others2 of Madras High Court and the other judgments

rendered by the Delhi High Court in Sumer Singh Salkan;

Court On Its own Motion Re v. Assistant Director and

others; 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 appropriation application made by the person concerned."

Therefore, in view of the law enunciated in the above

judgments, the Common High Court has directed the petitioner

therein to approach the Superintendent of Police for the purpose

of withdrawal of LOC or to approach the trial Court by filing an

appropriate application to that effect.

In the instant case also, as LOC was issued against the

petitioner and the same is in force, the petitioner has to avail

one of the two remedies that are available to him as discussed

supra.

2014 Law Suit (Mad) 250

2010 Law Suit (Del) 1628

Therefore, this Writ Petition is disposed of with a direction