High Court · 2025

Judgment

1. The_Union of lndia, Ministry of Home affairs, (lmmioration Section), Hall no. 18.2nd Floor, MDCN Stadlum, t,tear tnOlj 6jie, NEw'Oerni. neii 6V iii " Director. Bureau oJ lmmigration (BOl), East Bloc, Vlll, R.K.puram, New Delhi - .1 10066 Rep. by Deputy-Directoi. ...PETITIONER J The State of Telangana, .Home Department, Rep by its principal Secretary, Secretariat at Hyderabad

4. The superintendent of porice, Rajanna sirci[a Diskict state of rerangana, 5. The Station House Officer, Vemulawada rural police Station, Hyderabad 6. lVa.nda Varqwa, W/o Late Narayana, fged 60 years, Occ. Agriculture, R/o Vatternta Vilage, Vemutawada Hurat fUanOai n'alinna StrciiliOiiiiici-' "* ...RESPONDENTS

Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of writ of mandamus decraring the action of the Respondents 1 to 5 in issuing Look out circular against the son of the petitioner namely ponnam Vinod who is shown as Accused no.6 in the charge sheet dated 10.06.2023 and in p.R.c.No. 29 0f 2023 on the file of the Honbre Judiciar Magistrate of First crass, Vemurwada as illegal, arbitrary, contrary to the procedure contemprated under raw, and viorative of Articles 14 and 21 of the constitution of rndia and consequenfly direct the Respondents 1 to 5 to withdraw the Look out circurar issued and pending against ; the son of the Petitioner Ponnam Vinod Accused no'6 in P R C No 2g of 2023 on the file of the Honble Judicial Magistrate of First Class' Vemulwada' lA NO: 1 oF 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition' the High Court may be pleased to restrain the Respondents 1 to 5 from acting on the Look Out Circular initiated against the son of the Petitioner namely Ponnam Vinod who is shown as Accused no.6 in the charge sheet dated 10 06 2023 and in P R C No 2g oI 2023 on the file and taking anY of the Hon'ble Judicial Magistrate of First Class' Vemulwada action against Sri Ponnam Vinod including restraining his travel' Counsel for the Petitioner : SRI T'SURYA SATISH Counsel for the Respondents No'1&2 : Additional Solicitor General of lndia Counsel for the Respondents No'3to5 : AGP FOR HOME Counsel for the Respondents No'6 : The Court made the following: ORDER -' L . I I I I I HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR qIRIT PETITIOIT lYo.22447 oF2 02s ORDER: This writ petition is filed by questioning the action of respondent Nos. 1 to 5 in issuing look out circular against the son of the petitioner uiz., ponnram Vinod who is shorvn as Accused No.6 in the charge sheet dated 10.06.2023 and in P.R.C.No.29 of 2023 on the file of Judicial Magistrate of First Class, Vemulawada and a consequential prayer is sought to direct respondent Nos- I to 5 to withdraw the Look Out Circular issued and pending against the son of the petitioner uiz., Ponnam Vinod, Accused no.6 in p.R.C.No.29 of 2023 on of the Judicial Magistrate of First Class, Vemulawada. the file Government

2. When the matter is taken up for hearing, the Circle Inspector of police, Vemulawada Rural, Rajanna Sircilla District has placed a copy of instructions through learned Assistant Pleader for Home wherein it is stated that petitioner,s son is Accused No.6 in FIR No.73 of 2O2O under Section 3OZ, 44g, 29O read with Section 34 IpC dated 30.0S.2020 of Vemulawada Rural police Station, Rajarna $lcilla Districr, The said accused filed a Crl.p.No.249 I of 2O2O L i.2i i before this Court and this Court uide order dated 27.04.2023 .l directed the police to investigate the case r,vithout arresting the accused persons till the filing of hnal report. Thereafter, the Circle Inspector, Vemulawada Rural hled a charge sheet before Judiciai Magistrate of First Class, Vemulawada uide PRC.No.29/2023 r.r.ithout arresting Accused Nos.1 to 4 and 5. It is further submitted that respondent No.5/Investigating Officer has not issued LOC against the petitioner's son as on today and that since petitioner's son is not appearing before the trial Court, NBW has been issued against him and the same is pending execution.

3. Learned counsel for the petitioner submits that petitioner's son is presently residing in Abu Dhabi for employment purpose and if he is permitted to travel to India, he would appear before the trial Court ald pray this Court to pass appropriate orders to that effect.

4. Heard learned counsel on either side and perused the record t i t ::3::

5. It is pertinent to note that Circle Inspector of police, Vemulawada Rural, Raja,na Sircilla District in his instructions has clearly stated that no LOC has been issued against the petitioner,s son as on date. In that view of the matter, this writ pehtton is disposed of permitting the petitioner,s son uiz., Ponnam Vinod to travel to India within a period of ten (10) days from the date of receipt of a copy of this order, enabling him to appear before Judiciar Magistrate of First crass, vemurawada and pursue pRC.No.29 / 2023.

6. With the above directions, this writ petition is disposed of. Miscellaleous petitions, if any, pending in this writ petition shall stand closed. No costs. //TRUE COPYII o'.'{,"ffip[[iHXA secrrhfirrcen To, ' I:fi ,',J:",1: ? H"i::# lfi 3"s ' IHBgXlt ?]|.rTABl t (r mm is ra *on S e ctro n ), Bureau or rmmisration tro,l, ur., r,o", r,r, * n r,*, Jlfif;[?:ffJ Secretary, state of reransana, Home Department, secretariat I [:r: ;Jl:, 3; ^lg?:Tilf ,l --- :a( \

4. The Superintendent of Police, Rajanna Sircilla District State of Telangana, 5. The Station House Officer, Vemulawada rural Police Station, Hyderabad 6. One CC to SRI T.SURYA SATISH, Advocate. [OPUC] 7. Qne CC to Deputy Solicitor General of lndia, High Court for the State of Telangana at Hyderabad. [OPUC] B. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CD Copies \ 5 :l HIGH COURT DATED:31 10712025 ORDER WP.No.22447 o12025 t 1tlts S I4 ,c o a< (.\ ':) 13 tlJE 2025 * O6Soa J6u< J-\ 0 I DISPOSING OF THE WRIT PETITION WITHOUT COSTS I I cg*'" k-"