Kv Deepthi v. The State Of Telangana And 5 Others
THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4872 OF 2019 ORDER:
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the petitioner/Accused No.4 to quash the Lookout Notice/Circular issued against her by the Deputy Commissioner of Police, Cyberabad at the instance of Ghatkesar Police Station, Rachakonda Commissionerate in C.C.No.1311 of 2019 (arising out of Crime No.381 of 2016) 2.
Heard learned counsel for the petitioner/AccusedNo.4, and the learned Additional Public Prosecutor appearing for respondents 1 to 4. Perused the record.
3.
Learned counsel for the petitioner/accused No.4 would submit that since accused No.1 and the present petitioner/accused No.4 were absconding, Non-Bailable warrants were issued against them; that pursuant to the same, the Deputy Commissioner of Police, Cyberabad, has issued Lookout Notice to the petitioner and accused No.1; that subsequently, the petitioner and accused No.1 filed a petition to recall the NBWs and by an order, dated 09.05.2019, in Crl.M.P.No.354 of 2019 in C.C.No.86 of 2017 (split up C.C.No.1311 of 2019), NBWs were recalled on condition of petitioner and accused No.1 furnishing sureties and accordingly, on 04.06.2019 the petitioner and accused No.1 were furnished sureties, the same were accepted and posted the case to 10.07.2019; that the petitioner/accused No.4 is now scheduled to travel to United States of America along with her husband and son on 16.8.2019, but due to pendency of Lookout Notice, the
Immigration authorities are stopping the petitioner and hence, he prays to quash the Lookout Notice issued against the petitioner in respect of subject Calendar Case.
4.
On the other hand, learned Additional Public Prosecutor would submit that the Lookout Notice was issued only for the purpose of securing the presence of the petitioner before the Court concerned and since the petitioner has already surrendered and obtained bail, there is no need to kept pending the Lookout notice and hence, the same may be withdrawn by the authorities concerned with certain conditions.
5.
In view of the fact that the purpose of the Lookout Notice has already been served and the petitioner has already surrendered in C.C.No.1311 of 2019, where her presence is required and she was released on bail, the Lookout Notice issued against the petitioner is declared to be ceased to have any effect as it is no longer necessary to be kept in force.
6.
Accordingly, the Criminal Petition is allowed quashing the Lookout Notice/Circular issued by the Deputy Commissioner of Police, Cyberabad, at the instance of Ghatkesar Police Station, Rachakonda Commissionerate in respect of C.C.No.1311 of 2019 against the petitioner/accused No.4 and the Deputy Commissioner of Police, Cyberabad, is directed to withdraw the Lookout Notice/Circular issued against the petitioner.
Miscellaneous petitions, if any, pending in this petition shall stand closed.
______________________ JUSTICE G SRI DEVI AUGUST 16, 2019 Note:
Furnish C.C.today.
(B/o) YVL
THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4872 OF 2019 Date:16.08.2019 YVL