Mohammed Osman Khazi v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.1636 OF 2019 Dated:20.02.2019 Between:

Mohammed Osman Khazi, S/o. Khazi Mohammed Shahzada Lal, Aged about 36 years, Occ:I.T. Employee, R/o.590, Forest Hills, Road, Apt.No.13, Frederiction - NB, CANADA, Permanent R/o.Flat No.205, H.No.3-5-782/52/4, King Koti, Hyderabad, Telangana .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Department of Home, Secretariat Buildings, Hyderabad, Telangana State and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.1636 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for respondents 1 to 4. 2.

Crime No.626 of 2017 was registered against the petitioner in Women Police Station, DD, CCS, Hyderabad, for the offences punishable under Section 498-A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act. Petitioner claims to have obtained anticipatory bail. He claims to be working in Canada and obtained conditional leave from his employer till 07.01.2018 to attend the proceedings, but later leave was extended. According to petitioner, when he approached the Station House Officer, Women Police Station, DD, Central Crime Station, Hyderabad, the 4th respondent, he was informed that Look Out Notice dated 31.01.2018 was issued and the same is subsisting. On further verification, petitioner came to know that look out notice was valid only till 26.01.2019 and there was no further extension. This Writ Petition is filed to declare the action of the respondent - Police in not revoking the Look Out notice in Crime No.626 of 2017. 3.

According to learned counsel for petitioner, even though the period of Look Out Notice expired, still the name of the petitioner is shown in the Look Out Notice in the web site causing hardship to the petitioner.

4.

Learned Government Pleader for Home, on instructions, submits that the Look Out Notice issued on 31.01.2018 expired on

26.01.2019 and proposals were submitted for further continuation/renewal of Look Out Notice and the same are pending.

5.

Even according to the information furnished to learned Government Pleader, the Look Out Notice is not renewed so far. Unless and until the Look Out Notice is continued/renewed, the respondent - Police cannot treat the Look Out Notice as subsisting and put the petitioner under the category of persons against whom Look Out Notice is issued.

6.

Hence, the respondent - Police are directed not to treat the petitioner as the person against whom Look Out Notice is issued. However, this order does not come in the way of respondent - Police in renewing the Look Out Notice issued against the petitioner and in such an event, liberty is granted to the petitioner to work out his remedies as available in law. 7.

The Writ Petition is accordingly disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:20.02.2019 KH