Smt. Mahmood Unnisa v. State of Telangana

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order, or direction more particularly one in the nature of writ Mandamus directing the Respondent No.3, to withdraw the lookout notice issued against my son by name Miza Ayub Baig, S/o Mirza Khusro Baig, in Crime No. 37 ot 2024, subsequently numbered as C. C. No. 886 o'f 2024, on the file of Hon'ble Special Judicial First Class Magistrate, FOR PROH and Excise Offences - Cum - ll Addl. Junior Civil Judge at Nalgonda, by declaring the same as illegal, arbitrary and in violation of Article 21 of the Ccr stitution of the India, and consequently direct the Respondent No. 4, or its sub-,) dinate officers not to detain my son fvlirza Ayub Baig, S/o ltrlirza Khusro Baig, \'l ile visiting or leaving lnd ia . lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in the c r )umstances stated in the affidavit filed in support of the petition, the High Cor r may be pleased to direct the Respondent No.4, or its sub-ordinate officers r )t to detain my son Mirza Ayub Baig, S/o [\/irza Khusro Baig, while visiting or I, aving lndia, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI MIRZA MAHMOOD ALI BAI( i Counsel for the Respondents No.1 to 3: GP FOR HOME Counsel for the Respondent No.4: S.C. FOR CENTRAL G() TERNMENT Counsel for the Respondent No.S: - The Court made the following: ORDER THE HON'BLE SRIJUSTIC E NAGESH BHEEMAPAKA WRIT PETITION No.25244 of 2025 ORDER: The petitioner is the nrother of Mr. Mirza Ayub Baig. She fited this writ petition seeking a direction to the respondent No.3-Station House Officer, Women Police Station, to withdraw the Look Out Circular issued against her son in Crime No.37 o12024 (C.C.No.886 of 2024 on the file of Special Judicial Magistrate of First Class, for Prohibition & Excise Offences-cum-ll Additional Junior Civil Judge, at Nalgonda), and also to direct the 4'h respondent-Bureau of Immigration, and his subordinates not to detain her son while leaving India or coming from abroad.

2. Heard Mr. Mirza Mahmood Ali Baig, leamed counsel for the petitioner; and learned Govemment Pleader for Home. Perused the record.

3. Leamed counsel for the petitioner relies on the Order passed by this Court in W.P.No.25777 of 2022, dated 09.01.2023, wherein the petitioner therein challenged the continuation of a Look Out Circular (LOC) against the petitioner, a US Green Card holder, even after he was granted bail by the colnpetent Court. The petitioner therein is said to have been arrested at the airport based on the LOC relating to a case filed by his wife. The petitioner argued that continuation of notice violated his fundamental rights, particularly his abitity to retum to work in the USA. Following the Court direction, the Director General ol Police submitted a report detailing the procedures for issuing, reviewing, and deleting LOCs and issued a new circular with consolidated guidelines on the matter. The Court, noting the ongoing hardship caused by unwarranted LOCs, particularly in matrimonial disputes, directed that police must withdraw LOCs once bail is granted unless they obtain a specific couft order to impose conditions on the accused leaving the country. 1 ./ a) Ultimately, the court disposed of the petition while emp rasising the need for the police to scrupulously follow the new guidelines an<[ :nsure accountabiliry for non-compliance.

4. In the instant case, the Special Judicial Magistr.i te of Pirst Class for. Prohibition & Excise Offences-cum-lI Additional .lrr rior Civil Judgc, at Nalgonda, allowed the Crl.MP.No.546 of 2024 in C.C.Nc 886 of 2024, Lhcreby permitting Mr. Mirza Ayub Baig (son ol'thc pctitioner to attend his job at Saudi .Arabia, and to personally appear for the proceccl r gs in C.C.No.886 ol' 2024, rvhenever required by the Court. There[ore, the re:; ondent No.4-Br,rreau of Immigration cannot hinder the tnovement of the son : 'the petitioncr ivhile travelling to & fio to Saudi Arabia. ,\ccordingll,', in terms of the Order dated 09.()l

5. Court in W.P.No.25777 of 2022, and fbr the reasons alilr 2023 passed by this :, this rvrit petition is also disposed of, directing the respondent No.3-SHO, \\'l S, to address a letter to thc Cornmissioner of Police within two weeks from tf copy of this Order, intimating the permission accordec : date of receipt of a ry the trial Court to Mirza Ayub Baig in C.C.No.886 of 2024, ro attend hi:r With in a week of receipt of such letter fiom respor r ob at Saudi Arabia. lcnt No.3-SIIO. the Comrnissioner of Police shall address a letter to the Inrrr i rratlon authorities to close the LOC against Mirza Ayub Baig. No costs. Mi pending, ifany, shall stand closed. cellaneous petitions //TRUE COPY// SD/. T SRINIVASA REDDY ASS I TANT REGISTRAR SECTION OFFICER I!: fll"ipgl Secretary Home Department, State o1 l-etangana, Office at secretafl at, Hy0erabad. To 1 The Superintendent of Police, Nalgonda District. The Station House Officer, Women police Station, Nalgc -rda. J 4 The Commissjoner, Ministry of Home Affairs, Bur rau Government-of lndia, East Block-Vlll, Level-V, Sector- , R Delhi-1 '10066. of lmmigration, K. Puram, New

5. One CC to SRI MIRZA MAHIUOOD ALI BAIG' Advocate [OPUC] 6. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUTI

7. One CC to S.C. for Central Government IOPUCI 8. Two CD Copies t\IP GJP M,, ( HIGH COURT DAl- =D:0611112025 ';al*, r:. ". ,,. ,/ / l, ), 3 0 lrt 31i !i ORDER WP.Nc, 25244 of 2025 I I DISPOSING OF THE l/ll RIT PETITION WI]I HOUT COSTS I \v