Gopikrishna Kovuru v. The Union Of India

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITIION No.1694 of 2018 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: "To issue a writ or direction more particularly one in the nature of Writ of Mandamus, declaring the issuance of Look out circular as against the petitioner on the ground of pendency of Criminal proceedings emanating from Cr.No.344/2011 on the file of the Police Station, Chandanagar, Cyberabad is in violation of the petitioner's rights guaranteed under Article 21 of the Constitution of India as well in violation of Section 105 of Cr.P.C. and other relevant statutory provisions and executive instructions and consequently direct the respondents to withdraw the look out circular issued against the petitioner."

Heard Sri Raja Reddy Koneti, learned counsel for the petitioner, Smt.M.Indrani, learned counsel for the respondents 1 to 3 and the learned Government Pleader for Home (Telangana) appearing for respondents 4 to 6, apart from perusing the material available on record. When the matter is taken up, it is brought to the notice of this Court that, in identical set of circumstances, this Court disposed of W.P.No.14222 of 2015 on 16.06.2015 and a copy of the said order is placed on record. The operative portion of the said order reads as under: "In view of the above, taking into consideration the nature of controversy and having regard to the facts and

AVSS,J W.P.No.1694 of 2018 circumstances of the case, this Court deems it appropriate to dispose of the Writ Petition, permitting the petitioner herein to move the Court of XV ACMM Court at Nampally, Hyderabad, where C.C.No.179 of 2015 is pending and to make an appropriate application within one week from today seeking withdrawal of Look Out Circular (LOC) and it is also made clear that the petitioner is at liberty to set out the reasons for making the said request including that he has already surrendered and has been abiding with the directions issued from time to time by the Court. If such an application is made by the petitioner, the learned XV ACMM, Nampally, Hyderabad shall consider the same in accordance with law and pass appropriate orders expeditiously preferably within a period of two weeks thereafter.

As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs". Following the above said order, and for the reasons recorded therein, the present Writ Petition is disposed of in terms thereof permitting the petitioner herein to approach appropriate forum of law.

As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs. __________________ A.V.SESHA SAI,J 23rd January, 2018 Tsy