Kammari Arun Kishore v. The Union Of India

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.28047 OF 2018 O R D E R :

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief;

" to issue any writ or direction more particularly one in the nature of writ of Mandamus declaring the issuance of lookout circular and its continuation after one year as against the petitioner on the ground of pendency of criminal proceedings emanating from Crime No.244/2014 on the file of the C.C.S Police Station, Basheerbagh, Hyderabad and consequential C.C.No.90/2016 pending on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad at Nampally is in violation of the petitioner fundamental right guaranteed under Article 21 of the Constitution of India as well in violation of Sec.105 of Cr.P.C and other relevant statutory provisions and executive instructions as illegal, arbitrary and consequently direct the respondents to withdraw the lookout circular issued against the petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper...."

Heard learned counsel for the petitioner, Sri Thakur Roopa Singh, learned counsel for respondents 1 to 3 and learned Government Pleader for Home.

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 WP.No.14222 of 2015 on 16.06.2015. In view of the same and for the reasons recorded therein, the writ petition is disposed of permitting the petitioner to move the concerned Court where C.C.No.90/2016 is pending and to make an

appropriate application within one week from the date of receipt of a copy of this order seeking withdrawal of Look Out Circular (LOC), and on such application being made, the concerned Court is to dispose of the same, in accordance with law, depending upon the facts and circumstances of the case, within two weeks thereon. 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 08.08.2018 t k.