The High Court · 2025

The Deputy Commissioner of Police, East Zone, Hyderabad The Station House Officer, Women Police Stat'ton, CCS, Amberpet, Hyderabad-500033 Smt. Sharmila Majumdar, D/o A.K. Mdumdar Aged about 46 years Occ Medical Practioner R:/o. H. r.l,o. 10-5-7/9, UCO Bank Colony Hyderabad, Telangana 0/o, Health Clinic, Plot No.99, Rd. l',1o.1, Jttbliee Hills,Hyderabad - 33,Telangana. ...RESPONDENTS AND

7. Petition under Article 226 ot the Constitution of lndia prayfurg that in the the High Court may be pleased circumstances stated in the affidavit filed ther€with, to issue a Writ,..Order or Direction, more pa(icularly one irr the nature of Writ of Mandamus, declaring the action of Respondents No. 1 to 3 r not with drawing the Look Out Circular standing in the name of petitioner in il ime No.200/20'l 1 of Women Police Station, CCS, DD Hyderabad in CC. No. 14))41512015 on the file of the Xlll Additional Metropolitan Magistrate, Hyderabad a: illegal, arbitrary and violative.of, Article-l4 and 21 .of The Constitution of lndia arr I consequently direct the responderits No.1 to 3 to withdraw/cancel the Look O,r Gircular standing in name of the petitioner herein in Crime No.200/201 1 of Wom,: r Police Station CCS, DD, Hyderabad, in CC. No. 1400415/2015 on the file c'the Xlll Additional Metropolitan Magistrate, Hyderabad lA NO: 'f OF 2025 Petition under Section 151 CPC praying that in the c r )umstances stated in the affidavit filed in support of the petition, the High Court ma to stay the operation of the Lookout Circular dated 04 06 2'l r be pleased pleased l8 issued by the 2nd Respondent, against the Petitioner pending disposal of the wr petition Gounsel for the Petitioner : SRI NYAYAPATHI PRASHAN'I' Counsel, for the Respondent Nos. 1 & 2: SMT. ANJALI AGr\ IWAL, Deputy Solicitor Genera! of !ndia Counsel for the Respondent Nos. 3 to 6 : GP FOR HOME Counsel for the Respondent No.7: --- The Court made the following: ORDER rr) c 1 THEHON'BLE SRI JuSTICE NAGESII BHEEIIAPAXA WRIT PETITION No.2784L OF 2o.25 ORDER: Petitioner is a resident of Texas, USA, living with his family arrd working as a Software professional. He has been arrayed as Accused No.1 in Crime No.2OO of 2oll registered at tlle Women Police Station, CCS, DD, Hyderabad, now pending as C.C.No.1400415 of 2015 before the learned XIII Additional Chief Metropolitan Magistrate, Hyderabad, for alleged offences under Section 498-A IPC and Sections 4 & 6 of the Dowry Prohibition Act, despite no fault on his part. A Look Out Circular (LOC) was iSsued against the Petitioner by Respondent No.2 in'connection with the said case. Petitioner intended to travel to Hyderabad to visit his elderly mother, who is seriously ill. Upon consulting his GPA holder (his elder brother), he was informed about t]rc LOC and warned that he might be detained upon arrival. Petitioner reiterates his willingness to comply with all directi,ons of this Court and undertakes to appear in all court proceedings.

2. Heard Mr Nyapathi Prashanth, learned counsel for petitioner, Smt Anjali Agarwal, learned Central Government Standing Counsel 2 NBKJ wP 27E4t 2025 a) for respondent Nos.l and 2 and learned Govern n .ent Pleader for Home for respondent Nos.3 to 6. Perused the recor<l

3. Learned Central Government Standing Counsrr I for respondent Nos.1 and 2 placed on record a letter dated 11.0St,2025 addressed from Foreigners Regional Registration Offrce throu 3 r E-Mail to her, wherein it is stated that a l,OC has been issued zr lainst petitioner by the DCP, DD, CCS Hyderabad, related to FIR \o.2O0 of 20ll under IPC z[98-A and Sections 4 and 6 of DP Act. ' 'he LOC directs authorities to detain and hand over the interceptei person to local police and inform the originator. According to MHA 1 Sridelines, if the LOC is challenged or stayed by a court, the origirLr .tor must notiry the Bureau of Immigration and seek arn endment rr deletion. The originator holds legal responsibility and must regu larly review tl.e LOC to av,oid harassment of genuine passeng() s. Immigration authorities act only on instructions from the originr tor. Wittrdrawal or amendment of the l,OC is at the originator's solr discretion. The Bureau of lrr,rnigration will not recommend chanLl ;es without the originator's or court's direction. Hence, the wrir. petition is not maintainable without first challenging the LOC wittL :he originator.

4. Considering the submissions made by b,r h the learned counsel and a perusal of the records, it is evident tb et the l,ook Out a a 3 NEKJ wP 2'lt4t 7025 Circular (I,oC) issued against tlre petitioner falls within the purview of the origihating agency, which alone has the Authority to amend or ndthdraw it. It may be noted that petitioner is at liberty to challenge tJle LOC before the appropriate forua or seek remedy from the originator. Since the Bureau of Immigration acts only on instructi,ons from tJle originator, and no interference can be made by #s Court without such challenge. Therefore, the writ petiti,on is not maintainable in ttre present form.

5. Acc.ordingly, the writ petition is disposed of direc ;ng tlre petitioner to file tJle appropriate application before the competent Court or Authority to address ttre grievance relating to ttre LOC. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ petition, shall stand closed. Sb7:K.BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Secretary, The Union of lndia, Ministry of Extemal Affairs. (CPV) 2. The Commi-ssioner (lmmigration), Tfrc Eureau of lmmigration (8Ol), Govemrnent of lndia, East Block - Vlll, Level V, Sec{or 1, R.K.Puram, New Delhi

3. The Reg'onal Director, Bureau of lmmigration, Govemrnent of lndia, Sardar Vallabhai Patel Bol OCR Cornplex, Shamshabad- Hyderabad, Telangana - 501218.

4. The @rnmisioner of Polbe, Hyderabad 5. The Deputy Commissioner of Police, East Zone, Hyderabad 6. The Station House Officer, Women Police Station, CCS, Amberpet, . OneCCto SRI NYAYAPATHI PRASHANT, Ad vocate [OPUC] Hyderabad-500033 OrE CC to SMT. ANJALI AGARWAL, Deputy Solicitor General of lndia Ad\ocate [OPUC] Trvo CCs to GP FOR HOME, High Court for the State of Te{angana, at Hyderabad{Ourl 1o.Tr,rc CD Copies 7 I I w I L -ovt -- HIGH COURT DATED:1 6 10912025 \ ORDER WP.No.27841 ot 2025 l = .|. '-.- /. { r€s TA I \)k a 2 ' JAN 202[ * t - - --''- :: --)--/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS t3 l-<s ta f' f>-e