Telangana High Court

WP/24102/2020 of D. Naveen Reddy Vs The State of Telangana on 30 December 2020

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THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY , THE THIRTIETH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 24102 OF 2020 Between: D. Naveen Reddy, S/o. Late Seenu Reddy, Aged about 36 years,

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY ,THE THIRTIETH DAY OF DECEIVBERTWO THOUSAND AND TWENTY

PRESENT

THE HONOURABLE SRI JUSTICE P. NAVEEN RAO

WRIT PETITION NO: 24102 OF 2020

Between:

D. Naveen Reddy, S/o. Late Seenu Reddy, Aged about [36 ][years, ][Palamaneru,]Nidigunta Village, Chittoor District, Andhra Prades

..pETtTtONER

AND

1. The State of Telangana, Rep. by its Principal Secretary, Home Department,Secretariat, Hyderabad.2, The Commissioner of Police, Cyberabad

3. The Station House Officer, Gachibowli Police Station, Cyberabad.

.,.RESPONDENTS

Petition under Arttcle 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 the [nature ][of ][Writ ][of]IVlandamus by declaring the actions of the Respondents No. 2 and 3 [by ][keeping the]Look Out Circular [pending ]as against the [petitioner, ]as [illegal, ][arbitrary, ][and ][in]violation of Article 21 of the Constitution of lndia.

lA NO: 1 OF 2020

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]Respondent Nos.2 and 3 to initiate steps to [suspend ][the ][Look ][Out ][Circular ][(LOC)]against the petitioner forthwith, which was [opened against the petitioner in ][respect ][of]Crime No. 353 of 2017 of Gachibowli Police Station, [Cyberabad, pending disposal of]the Writ Petition.

Gounsel for the Petitioner: SRI T. S. ANIRUDH [REDDY]Counsel for the Respondents: AGP FOR [HOME]The Courl made the following: ORDER

HONOURABLE SRI JUSTICE [P.NAVEEN ][RAO]

WRIT PETITION NO.241O2 [OF ][2O2O]

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ORDER:

Heard learned counsel for [petitioner, ][and ][the ][learned]

Assistant Government [Pleader ][for ][Home ][for respondents]

2. Crime No.353 of 2Ol7 was [registered ][in ][Gachibowli ][Police]Station, Cyberabad against the [petitioner ]and [five other ][family]members for the offences [punishable ][under ][Sections ][498-A ][and]506 IPC and Sections 3 and 4 of [Dowry ][Prohibition ][Act. ][At ][that]time, petitioner was [ving in Srngapore. ln [the ][process ][of]investigation into the crime, Look-out circular [was ][issued.]According to the learned counsel for [petitioner, petitioner ][came]over to lndia, appeared beforc the [XXV ][Metropolitan ][Magistratc,]C1-berabad, Kukatpally and applied for bail in [Crl.M.P ][No.384O ][of]2018. By order dated.15.09.2018, learned [Magistrate granted ][bail]on execution of personal bond lor a sum of { [1,00,000/ ][- with ][two]sureties for a like sum. Petitioner now [alleges ][that ][Look-out]circular issued in the [year ]20 18 is not [withdrawn ][even though]petitioner subjected himself to [jurisdiction ]of the [concerned]Magistrate Court, appeared before him and obtained [bail ][and]complied with the conditions imposed in the order [granting ][bail.]

3. From the averments made in the affidavit filed in [support ][of]the writ petition, il is seen thal on completion of [investigation,]Poiice have already liled charge-sheet and [petitioner ][is ][facing ][trial]on the crime alleged against him. Learned Assistant [Government]Pleader thcrerlbre slLbmrts Lhat since matter is pending before thecompetent Court and petitioner is facing trial, no case is [made ][out]

to invoke extraordinary jurisdiction of this Court. According to thelearned Assistant Government Pleader, Look-out circular wasissued in the year 2018 at the time of investigation and charge-sheet is already filed, and thus normally the Look-out circularoperates only for a period of one year or till the necessity is seizedor renewed. If it is renewed, petitioner ought to have filedappropriate application in the XXV Metropolitan Magistrate Courl,Cvberabad, Kukatpally in the pending C C., u,herc hc is facinqt ria1.

4. Since petitioner is lacing trial and the matter is seizecl bv theXXV Metropolitan Magistrate Court, Cyberabad, Kukatpalll', thisCourt is not inclined to entertain the writ petition as cfficaciousremedy is available to petitioner to seek appropriate directionsfrom that Court and that Court is competent to deal with allaspects arising out of pending C.C. Granting liberty to [the]petitioner to file appropriate application, if so warranted, in XXVMetropolitan Magistrate, Cyberabad, Kukatpally, Writ Petition [is]dismissed. Pending miscellaneous [peLitions ][shall stand ][closed.]

To, 1. One CC to Sri T. S. Anirudh Reddy, Advocate^[OPUC]-2. i;; cctlo [Cp ][for Home, ][High ][C6urt for the State ][of ][Telangana]at Hyderabad. [OUT]3. Two CD [CoPies]SMNY

DATED:3011212020

ORDERWP.No.24102 of 2020

DISMISSING THE WPWITHOUT COSTSY

tlE [sTA]14:'Jzoo0 B.tA[ [2021]C).5.*Tc't[I]+

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