T.V. Jaya Lakshmi v. Union Of India

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.4157 of 2020 ORDER:

The present writ petition is filed to declare the action of the respondents in not recalling the Look-out-Circular (LOC) issued against the petitioners, as illegal and arbitrary.

2.

This case has a chequered history. The petitioners contend that based on a complaint made by the 9th respondent, who is none other than their daughter-in-law, a case in Crime No.477 of 2015 was registered, for the offences under Section 498-A, 420, 120-B and 365 IPC, on the file of Chandanagar Police Station, against the petitioners and others. To quash the proceedings in Crime No.477 of 2015, the petitioners filed Crl.P.No.5462 of 2016 before this Court and this Court disposed of the said petition on 19.04.2016 by directing the Investigating Officer not to arrest the petitioners till completion of investigation. The petitioners submit that after filing number of cases against each other, and later, when the petitioners returned to India on 18.12.2019 to appear for Section 313 Cr.P.C.

examination before the learned XIV Metropolitan Magistrate, Kukatpally, Cyberabad, they were informed that there is a LOC against them. The grievance of the petitioners is that, despite filing the charge sheet in Crime No.477 of 2015 and the petitioners obtaining bail without any conditions, the respondent authorities are not recalling the LOC issued against the petitioners. Hence, the petitioners pray for a direction in this regard.

3.

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home.

4.

Inasmuch as the respondent authorities issued the LOC pursuant to the registration of Crime No.477 of 2015 on the file of the 7th respondent police station, this Court is of the view that the petitioners would be required to approach the authority at whose behest the said LOC has been issued and this Court cannot interfere in such matters. 5.

Granting liberty to the petitioners to approach the authority concerned seeking revocation of the LOC by giving the sufficient reasons, the writ petition is closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

____________________ JUSTI CE T.VI NOD KUMAR Date:26.02.2020 GJ