Telangana High Court
Smt. Tottempudi Kavitha vs The State Of Telangana on 8 August, 2022
Bench: Chillakur Sumalatha
THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA
CRIMINAL REVISION CASE No.520 OF 2022
JUDGMENT:-
1.
Heard Sri B.Raveendra Babu, learned counsel for the
petitioner as well as learned Special Public Prosecutor for CBI
cases.
2. Aggrieved by the order of the Principal Special Judge for
CBI cases, Hyderabad, in disallowing the request of the
petitioner to suspend the Look Out Circular (LOC), she is before
this Court.
3. By the material available on record, what could be
perceived is that the petitioner is arrayed as Accused No.3 in the
case in Rc.No.06(E)/2018-CBI/BS & FC/BANGALORE, she
moved an application under Section 437 (3) of Cr.P.C. vide
Crl.M.P.No.3454 of 2022 seeking the Court to grant permission
to her to travel to USA from 11.08.2022 to 12.01.2023.
4. On hearing both sides, the Court, by order dated
05.08.2022, allowed the application in-part. The petitioner was
permitted to travel USA as prayed for, subject to the conditions
imposed. However, the Court held that the petitioner is not
entitled to the relief of directing the CBI to suspend the Look
Out Circular that was issued against her.
Dr.CSL,J
Crl.R.C.No.520 of 2022
5. Learned counsel for the petitioner contends that no
purpose would be served in according permission to leave the
country without suspending the Look Out Circular. Learned
counsel also states that in an earlier occasion, the same thing
happened and though the petitioner was permitted to leave the
country, she was stopped by the Immigration Authorities at the
Airport due to pendency of Look Out Circular and therefore, she
had to come back.
6. In reply to the said submission, the learned Special Public
Prosecutor for CBI contended that in the normal course, after
the applicants approach the Immigration Authorities, the
Immigration Authorities would contact the CBI and on oral
instructions of the CBI, they would permit the applicants to
proceed with the travel and the same thing would happen in
this case also. Thus, the learned Special Public Prosecutor for
CBI cases did not raise any objection either for the travel of the
petitioner or for suspension of Look Out Circular issued against
her. His only contention is that the petitioner need not knock
the doors of this Court and such permission would
automatically given by the authorities of the CBI as permission
to travel abroad is accorded by the concerned Court.
Dr.CSL,J
Crl.R.C.No.520 of 2022
7. However, having regard to the apprehension of the learned
counsel for the petitioner and the precedent shown, this Court
is of the view that the right of the petitioner to travel abroad has
to be protected, as such a permission was accorded by the
competent Court. Therefore, by allowing this Revision Petition,
the Look Out Circular issued against her is directed to be kept
under suspension for a period from 11.08.2022 to 12.01.2023.
However, the said Look Out circular would stand suspended
only for the travel of the petitioner to USA and not for any other
countries.
8. With the above direction, the Criminal Revision Case is
allowed.
9. As a sequel thereto, miscellaneous petitions, if any
pending, shall stand closed.
________________________________________
Dr.JUSTICE CHILLAKUR SUMALATHA
Dt.08.08.2022
Note: Issue CC by 10.08.2022
ysk
Dr.CSL,J
Crl.R.C.No.520 of 2022
THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA
CRIMINAL REVISION CASE No.520 OF 2022
Dt.08.08.2022
ysk
