Andhra Pradesh High Court - Amravati
Heard Smt S.Pranathi vs Prosecutor For on 19 October, 2023
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: W.P.No.27941 of 2023
PROCEEDING SHEET
OFFIC
Sl.
DATE ORDER E
No.
NOTE.
01. 19.10.2023 RC,J
W.P.No.27941 of 2023
Post on 23.01.2024.
________
RC, J
I.A.N0.01/2023
Heard Smt S.Pranathi, learned counsel for the
petitioner, Sri Dhushant Reddy, learned Special Public
Prosecutor for Respondent nos.4 & 5, learned
Government Pleader for Home for respondent nos.2 &
3, Sri Yagna dutt, learned Standing Counsel for R1.
Learned counsel for the petitioner in elaboration
contended that, the authorities have issued Look Out
Circular(LOC) against the petitioner in order to prevent
him from leaving abroad, without any justification and
contrary to law, due to which the petitioner's right to
travel abroad is affected. Questioning the same, the
present writ petition is filed. She further submitted
that, the petitioner's wife is diagnosed with
gynecological cancer and needs to undergo urgent
surgery in U.S.A. and the appointment has already
been fixed by the Doctors in U.S.A. on 24.10.2023;
and now, by virtue of the LOC issued against the
petitioner, he is unable to travel U.S.A. for his wife's
treatment. She further submitted that, three(03)
months time is required for treatment of petitioner's
wife in U.S.A. from 20.10.2023 to 19.01.2024. In
support of his contentions, learned counsel for
petitioner relied on the judgment passed by this Court
in W.P.No.30575/2022 and prayed to pass similar
orders in the present case also.
On the other hand, learned Special Public
Prosecutor on written instructions submitted that, as
the petitioner is not co-operating with the investigation
in a crime registered against him, LOC has been issued
and however, they have no objection to grant
permission to petitioner to leave U.S.A. for his wife's
treatment and further submitted that, in similar sets of
facts, this Court has passed orders in I.A.No.2/2023 of
Crlp.No.3834/2022 and prayed to consider this case
also in the similar lines.
Perused the record.
6. In order to adjudicate whether the LOC issued
against the petitioner is in consonance with the law or
not, a detailed counter is required. As the petitioner's
wife has been diagnosed with cancer and for
treatment she has to leave U.S.A from 20.10.2023 to
19.01.2024, there is every justification in seeking
interim relief by the learned counsel for the petitioner.
As such, this Court, as an interim measure, is inclined
to pass the following order:
(1)The 1st respondent shall permit the petitioner
to go to U.S.A between 20.10.2023 to 19.01.2024, for
a period of three(03) months. This permission is
granted subject to condition that, the petitioner shall
furnish details of tickets and place of visit to
Investigating officer and report back to the
Investigating officer after returning to India.
(2) The respondent nos.2 to 5 are also directed
to communicate the copy of this order to the 1st
respondent.
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RC, J
Note: C.C.By today
B/o
BRS
