The High Court · 2025
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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order, or Direction, more particularly one in nature of Writ of MANDAMUS declaring the action of the Respondents in keeping the Look Out Circular issued against the Petitioner in force inpsite of the suspension of LOC in Crl MP.No.1197 o 2024 in Cr.No.230 of 2024 dated 9-10-2024 bv the Honorable lll Additional chief Metropolitan Magistrate -at Hyderabad as illegal , arbitrary against the law and is in violation of the fundamental rights guaranteed ,/ under Articles 14, 19 (1Xg) and 21 of the Constitution of lndia and consequently direct the Respondents to allow the Petitioner to travel abroad which is scheduled on 15-8-2025 to 26-8-2024 without any hindrance/obstruction by deleting the LOC issued against the Petitioner inview of the suspension of LOC. lA NO: 't OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to allow the Petitioner to travel abroad which is scheduled on 15-8-2025 to 26-8-2024 without any h ind rance/obstruction by deleting the LOC issued against the Petitioner in view of the suspension of LOC in Crl MP.No.1 197 of 2024 in Cr.No.230 of 2024 dated 9-10-2024 by the Honorable lll Additional Chief Metropolitan Magistrate at Hyderabad pending disposal of the above writ petition. Counsel for the Petitioner: SRI B.SUDHAKAR REDDY AND NEERAJA REDDY Counsel for the Respondent Nos.1 TO 4: Deputy Solicitor General of lndia Counsel for the Respondent Nos.S TO 8: GP FOR HOME The Court made the following: ORDER I i I i l I i i i THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR ORDER W.P. No.23525 of 2o25 The peLitioncr is aggricvcd by the action of the respondents in keeping the Look Out Circular issued against the petitioner in force inspite of the suspension of l-OC in Crl.MP. No 1 197 of 2024 in Cr.No.23o of 2024 clated o9.1O.2O24 by the III Additional Chief Metropolitan Magistrate at tlyderabad, petitioner filed the present writ petition is filecl with a consequential prayer to direct the respondents to allow the pctitioner to lravel abroad which is scheduled on 15.08.2025 Lo 26.08.20'25 without- any hindrance / obstruction by deleting lhe LOC issued against lhe petitioner in view of the suspension of l,OC.
2. Brief facts o[ lhe case are that the petitioner is having valid Passport bearing No.U7385908 r-rpto O5.10.2O3O. The petitioner being an Actor by profession ncccl to travel different countries for shooting purposes and <luring hcr travel on 2O.O7.2025 from United States of America to Hyderabad upon arrival at Raj iv Gandhi International Airport, she was stoppcd by the immigration authorities and informed that LOC is issucd agair-rsL her and until they receive the confirmation from the Police departmenl they are not going to allow entry or exit.
3. The learned counsel for the petitioner would submit that the LOC issued against thc petitioner was suspended by the III Additional Chief Metropolitan Magistrate, I{yderabad in Crl.MP' No.1197 of 2024 2 lwsx, J W-P. o,23525 of2O25 in Cr.No.230 of 2024 dated 09.tO.2O24. The petitioner filed Crl.P.No.2478 of 2024 lor quashing rhe Cr.No.230 of 2024 before rhis Court and the same was disposed of on 04.03_2O24 directing the petitioner to appear before the lnvestigating Officer on or before 1I.O3.2O24 between l1:OC am and ,5:00 pnt, and accordingly, the petitioner is cooperating with the Investiga ting Oflicer and the investigation is completed. Thereafter, the petitioner fi1ed W.p. No.27567 of 2024 challenging the LOC and the said writ petition was disposed of directing the petitioner to submiL an application before the concerned Magistrate Court seeking suspcnsion oi LOC. Accordingly, the pctitioner filed Crl.MP. No.1197 ot 2024 in Cr.No.23O of 2024 on the Iile of the III Additionat Chief Metropolitan Magistrate for suspension of the Look Out Circular rvhereby the III Additional Chief Metropolitan Magistrate suspe nded the LOC by order dated O9.1O.2O24 with a direction to the petitioner to cooperate with the InvesLigation Officer and shall not leave the country without prior permission of the Court.
4. It is further submitted that as the purposc of LOC is to secure the presence of the petitioner before the Court and the III Additional Chief Metropolitan Magistrate suspended the LOC, it is the duty of the respondents to withdraw the LOC issued against the petitioner. Though the suspension order was passcd by the Court, the LOC is still in force as was informed by the immigration authorities u'hen they stopped the petitioner at airport on 20 07 2025 Since the 4 ''a *:'=4 J w.P, I{0-23525 of2025 petitioner need to travel to New York orr 15.08.2025 to 26.08.2025 for shooting, there is every chance of stopping the petitioner by the Immigration authority from travelling.
5. The learned Assistant Government Pleader for Home has placed a copy of the lelter daLed 24.05.2025 addresseil by the Inspector of Police, Banjara Hills, Hyderabad, to the Deputy Commissioner of Police, CCS-DD, Hyderabad requesting that the LOC issued against the petitioner may bc withdrawn.
6. Further, the learned counsel representing the learned Deputy Solicitor General of India placed a copy of the written instructions dated 05.08.2025 u,herein al, paras No.2 and 3 stated as under: "2. It is further informed that, in accordance wlth para 6 (N) (iv) of the MHA guidelines on LOC issued vide OM No.2s0 16 / t0/ 20 I7-lmm (Pt.) dated 22.02.2021, in casc the t,OC is challcngcd and stayed by the concerned Court or a Court issues any directive with regard to the LOC, the originator must inform the BOI urgently and accordingly seek amendmcnt/deletion of the LOC. Para ^(G) of the guidclines mentiones the legal liability of the action taken by Immigration Autiorites in pursuance of LOC rests with the originating agency, in the present writ petition. As per Para 6 (F & M) of the sard MHA's LOC guidelines, it is the responsibility of the originator to consta,ntly review the LOC rcquest and proaclirrely provide additional parameters to minimize harassment to genuine passengers. The immigration authorities will 4 W P, No,23s25 oI2O2s strictly go by the communication received from the o{Iicers authorised to open the LOCs.
3. The withdrawal/amcndment of LOC agarnst the petitroner is the sole prerogative of the originator. Further, the Bureau of lmmigration (Bol) has no objection in wrthdrawal/ altendment of LOC against tl-re petitioner if DCp, DD, CCS Hyderabad, Telangala recommends (o.) thc Honble Court dirccts for the samc It is submitted that thc present Writ petitjon is not maintainable without challenging thc LOC issued against the petitioner by the originator.,'
7. The learned Assistant Government plcacler for Llomc submits that the Deputy Commissioner of police, CCS-DD, Flyderabad, is Lhe originaLor in the present case and the said .riginator is uncler Lhe control and within the jurisdiction of tl.rc respondent No.6, Commissioner of Police .
8. In vieu, of the above, this rvrit petition is disposcd of directing the respondenl No.6, Commissioner ol police, to convey/ communicate the order dated O9.10.2024 passed in Crl.Mp_ No. I 197 of 2024 in Cr.No.230 of 2024 (Banjara Hills pS), to the originator in the present case i.e. Deputy Commissioner of policc, CCS-DD, I,Iyderabad, 4 through proper channel and also coLnmutliczrte the same to the respondents No.3 and 4, Bureau of Immigration and Lhe Foreigners Regional Registration Ofhcer (FRRO), respectively, u,ithir-r a period of three days, from the date of receipt of a cop1,. of this order enabling the petitioner to travei in view of thc suspension of the I_OC. ) LvsK, J w_P. f,o,23s2s ot 2l}2s 9 Accordingly, this writ petition is disposed of. There shall be no order as to costs As a sequcl, miscellaneous applications, if any pending, shall stand closed. To //TRUE COPY// 1 The Secretary, Union of lndia, Ministry of Home New Delhi SD/-T.TIRUMALA DEVI DEPUTY REGISTRAR SECTION OFFICER irs, Government of India,
2. The Commissioner, Bureau of lmmigration Ministry of Home Affairs, Government of India, East Block -Vlll Level -V, Sector- 1, R.K. Puram, New Delhi. Complex, 7CP, Shamshabad, Hyderabad Telangana -501 218.
3. Bureau of lmmigration, Ministry of Home Affairs, Government of lndia OCI + I!9. Lorgl,glers Regional Rggistration Officer (FRRO), Bureau of tmmigration (MHA), Ministry of Home Affairs, Government of India, Sardar VallabhJi patel, _ QCR_Complex, Shamshabad, Near GMR Township, Telangana. 5. The Principal Secretary Department of Home Secretariat Suildings, 6. The Commissioner of Police, Hyderabad Commisionrate Banjara Hills 7. The Assistant Commissioner of Police, Banjara Hills Division West Zone Secretariat, Hyderabad, State of Telangana. Hyderabad B. The Station House Officer, Banjara Hills Police Station Banjara Hills 9. One CC to SRI B.SUDHAKAR REDDY AND NEERAJA REDDY, Advocate Hyderabad Hyderabad toPUcl 10 Qne CC to Deputy Solicitor General of lndia [OPUC] 1 1 . Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT]
12.Two CD Copies PSK,/BSK HIGH COURT DATED:0710812025 CC TODAY ORDER WP.No.23525 ot 2025 HE SITA 3 o7 AttE 2o25 'v z I) * r) .clAT *. DISPOSING OF THE WRIT PETITION WITHOUT COSTS \t