✦ High Court of India · 09 Dec 2025

The High Court · 2025

Case Details High Court of India · 09 Dec 2025
Court
High Court of India
Decided
09 Dec 2025
Bench
Not available
Length
1,285 words

6. Smt. Nasreen Fathima, W/o. Abdul Saleem Aged about 33 years, Om. Housewife, Rl/o. H.No.9-1 1-106, Ahmedpura Colony, Nizamabad .,.RESPONDENTS Petition under Article 226 ol 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 of [Vlandamus or any other appropriate Writ, order or direction declaring the action of the Originators Respondents 3 and 4 in preventing the Petitioner from travelling outside country particularly Dubai citing Look Out Crrcular issued due to pendency of Dowry Harassment Case U/Sec.498-4 IPC and Sec.4 of DP Act in CC.No. 94512023 (FlR.No.20l2023) on the file of the Hon'ble lllrd Addl. Judicial First Class trrlagistrate (Special lvlobile at Nizamabad Complaint lodged by the 6th Respondent is arbitrary, without authority, power, illegal and in violation of Office [Vlemorandum dated 221021202'1 issued by the 2nd Respondent with consolidated guidelines for issuance of Look Out Circular in respect of lndian citizens and Foreigners, Article 14,21 and Principles of Natural Justice and consequently Set Aside the Look Out Circular issued against the Petitioner by the Originators Respondents 3 and 4 forth,t th, in the interest of justice. lA NO: 1 OF 2025 Petition under Section 1 51 CPC praying that in the c i cumstances stated in the affidavit filed in support of the petition, the High Court nt y be pleased to pass interim directidn to the Respondents 3 and 4 to take appropr Look Out Circular (LOC) forthwith against the Petit CC.No.945/2023 (Crime No.2012023 addressing a letter lmmigration Authorities pending the WP in the interest of jusrt at6 steps to close the rner in respect of to the Respondent ce. Counsel for the Petitioner: SRI SHAFATH AHMED KHAN Counsel for the Respondent Nos.'l TO 5: AGP FOR HOME Counsel for the Respondent No.6: - The Court made the following: ORDER I I IN THE HIGH COURT FOR THE STATE OF'TELANGANA AT HYDERABN) THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.2349O of 2025 DATE OF ORDER:O9. 12.2025 Between: Mohammad Abdul Saleem, S/o Late Mohammad Abdul Khader, Aged 37 Years, Occ:Business at Dubai, R/o H.No'12-4'86114' Khadarpura, Siddipet Town & District, Telangana. ...Petitioner AND The state of Telangana, represented by its Principal Secretar5r, Home Department, Secretariat, Hyderabad and five others ...Respondents ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos'1 to 5' With their consent, this writ petition is being taken up for disposal

2. This writ'petition has been hled questioning the action of the Originators respondent Nos.3 arld 4 in preventing the petitioner from travelling outside country particularly Dubai citing t'ook Out Circular issued due to pendency of Dowry Harassment case registered for the offence under Section 498-A of IPC and Section 4 of D'P'Act in C.C.No.945 of 2023 (F.I.R.No.2OI2023) pending on the file of the Hon'ble III Additional Judicial First class Magistrate (Special Mobile at N2amabad) on the Complaint lodged by the $tt' respondent as being 2 arbitrary, without authorit5r, power, iilegal and in v:t [ation of Office Memorarrdum dated. 22.02-2021 issued by the 2'd r :spondent with consolidated guidelines for issuance of Look out circ,l ar in respect of Indian Citizens and Foreigners, Article 14, 2l of thr: Constitution of India and Princrples of Natural Justice and seeking L consequential direction to set-aside the Look Out Circular issrr:d against the petitioner by the Originators Respondent Nos.3 and 4 l rrthwith' Learned Assistant Government Pieader appearir

3. placed the written instruction submitted by the li Police, Women Police Station, Nizamabad Commissior is submitted that respondent No.6 had lodged a c 25.03.2023 with the respondent No.4 against the p: mother, pursuant to the said complaint a case \ ' € F.l.R.No.20 of 2023 dated 25.O3.2023 under Section I Section 4 of D.P.Act against the accused Nos' 1 z petitioner is arrayed as A- 1 . It is submitted that peti 'j g for Home has rb-Inspector of :rate wherein it rmplaint dated itioner and his s registered as )8-A of IPC and nd 2, whereas rner did not co- operate with the investigation agency and without arLl intimation fled away from India as such during the course of invesl i Jation LOC was issued against the petitioner vide proceedings No-64,' vPS/NZB/2023 dated 08.04.2 O23 by the Assistant Commissioner of Fc lice, Nizamabad Commissionerate ald after thorough investigation C I arge Sheet has been filed vide C.C.No.945 of 2023 and the case is per ling trial before the Hon'ble III Additional Judicial First Class Mtq istrate (Special Mobile) at Nizamabad. It is further submitted that tr : petitioner had L \ I I 7 obtained interim order dated IO.O7.2023 in W'P'No'17817 of 2023 ald in pursuance of the same LOC was set-aside for three months vide proceedings No' 102/WPS/2023 dated 13'07 '2023' The respondent No-4 a-fter thorough investigation has fiIed charge sheet in the above case, whereas the petitioner has neither co-operated with the investigation nor appeared before the Hon'ble Magistrate for trial ald that petitioner is now plalning to come to India and if the LOC issued against the petitioner is suspended again the petitioner may fled away without intimation as such the LOC is required lor It is further submitted that conducting proper trial of the above case petitioner instead of appearing in C'C'No 945 of 2O23 pending trial before the Hon'ble Ill Additional Judicial First Class Magistrate (Special Mobiie) at Nizamabad has filed the present writ petition'

4. Per contro, Iearned counsel for the petitioner submits that petitioner is appearing in C'C'No 945 of 2023 pending trial before the Hon'ble III Additional Judicial First Class Magistrate (Special Mobile) at Nizamabad In that view of the matter' this writ petition is disposed of with 5- consent directing the petitioner to pursue the remedy as available under law before the Hon'ble III Additional Judicial First Class Magistrate (Special Mobile) at Nizamabad (trial Court) i'e' ' seeking permission for further travel' 4

6. With these observations, this writ petition is <i sposed of with consent. Miscellaneous applications, if any pending, sha I stand closed No order as to costs. SD'. ). PONNA KRISHNA ASIi STANT REGISTRAR //TRUE COPY// The Hon'ble lll Additional Judicial First Class Magistrat': Nizamabad (trial Court). ir," iii".lpdL secretary, Home Department, Secretariat' Telanoana. iiJ'Clh*rit.ioner, Bureau of lmmigration, Ministry of r Delhi. iie Suoerintendant of Police, Nizamabad District'N.iza r The Stdtion House Officer, Women Police Station Nrzar iil. i,rrlorrtion officer/Commisstoner, The Rajiv Gan i nuinoritv."Shamshabad, R.R.District Telangana' ij"L ciiJsit SunrnrH AHIUED KHAN, Advocate [o iil aas t" GP FOR HOlr/E, High Court for the State o Hyderabad. [OUT] Two CD Copies ''"?' SECTION OFFICER (Special Mobile) at Hyderabad, State of rme Affairs New abad - abad. ri lnternational AirPort ,UC] Telangana, at (r- To

3. 4( 6 7 o I PSK. BS HIGH COURT DATED:0911212025 ORDER WP.No.23490 of 2025 1r ::rl;l;.:.\ () a 22'.,c 7P5 t ,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?+ \> L\

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