Bikkumalla Karthik Chandra v. The Secretary

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.18088 of 2019 O R D E R :

This writ petition is filed for the following relief; "...to issue a Order, Direction or Writ, more particularly one in the nature of Writ of Mandamus, directing the Respondent Nos.3 to 6 to recall the Look-Out-Circular (LOC) and Red Corner Notice (RCN) issued against Petitioner herein in pursuant to the registration of Crime No.119 of 2018 on the file of 4th respondent which was Charge Sheeted in CC.No.5138 of 2018 as illegal, unjust, arbitrary against the provisions of the Constitution of India without following the due process of law and consequently direct the Respondents to remove the Petitioner's name from the Look-Out-Circular (LOC) issued against petitioner herein and not to harass and interfere with Petitioner's liberty in any manner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Learned Assistant Government Pleader for Revenue produced written instructions dt.23.08.2019, submitted by the Sub-Inspector of Police, W.P.S.Saroornagar, Rachakonda Commissionerate. To the extent of their relevance to the present writ petition, the said instructions read as under.

"It is submitted that during the course of investigation recorded the statement of complainant and LWs.1 to 6, issued a Notice U/s.41(A) Cr.P.C to the accused No.2 & 3 on 09.08.2018 and as Accused No.1 was living in abroad, the investigation officer addressed a letter to the Commissioner of Police, Rachakonda Commissionerate on 30.08.2018 with a request to open Look

Out Circular against the accused No.1 Bikumalla Karthik Chandra. That after completion of investigation, charge sheet was filed on 10.09.2018 showing Accused No.1 absconding and case was numbered as CC.No.5138/2018 on the file of XIV Metropolitan Magistrate, L.B.Nagar.

It is submitted that during trial as the accused No.1 did not attend trial, as such NBWs were issued on him, subsequently the accused No.1 filed a petition before the Hon'ble Court and NBWs ha been recalled.

It is submitted that since then the accused is attending the court regularly, as such a letter was addressed to the Commissioner of Police, Rachakonda on 13.05.2019 by the Station House Officer, WPS, Rachakonda, to cancel to LOC against the accused No.1. The orders of the Commissioner of Police, Rachakonda are awaited."

Since it is stated in the written instructions that the Station House Officer, WPS, Rachakonda, has already addressed letter dt.13.05.2019 to the Commissioner of Police, Rachakonda, for withdrawal of LOC against the petitioner as the petitioner is attending the Court regularly, recording the aforesaid written instructions, the writ petition is disposed of directing the competent authority to withdraw the LOC against the petitioner within a period of one week from the date of receipt of a copy of this order. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

___________________________ A.RAJASHEKER REDDY, J 28.08.2019 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 18088 of 2019 28.08.2019 tk