DASARI DUDHEER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) HEARD Sri Ravi Shankar Jandyala, learned counsel for the petitioner and learned G.P. for Home and Sri G. Ram Gopal, learned counsel for the proposed parties, who have filed W.P.M.P. No. 6711 of 2015. Since the proposed parties are wife and son of the petitioner and since the dispute is pending in the Courts below, they are necessary and proper parties, the application in W.P.M.P. No. 6711 of 2015 is therefore ordered.

(2.) THE writ petition is filed seeking the relief against Look Out Circular(LOC) issued and continued thereof inspite of the fact that the petitioner has surrendered and appeared before the learned Special Judicial Magistrate of First Class, Prohibition & Excise, Guntur in C.C. No. 570 of 2014. It is stated in the affidavit that the petitioner is a British citizen and he got married to the proposed respondent No. 6 on 03.02.2006 at Guntur. It is stated that both of them lived together at London for sometime and then she came back and delivered a male child on 19.10.2006. It is alleged that thereafter there is no contact between the petitioner and the 6th respondent and that the 6th respondent filed a complaint on 17.09.2012 against the petitioner and his parents alleging that there was a demand for dowry in Crime No. 471 of 2012 before Pattabhipuram Police Station, Guntur, under Section 498 -A IPC read with Sections 3 and 4 of the Dowry Prohibition Act. It is stated that at the request of the Investigating Officer, the Superintendent of Police, Guntur addressed the concerned authorities to issue LOC against the petitioner and accordingly the Additional Director General of Police issued LOC on 08.01.2014. Meanwhile, petitioner states that he came down to India, surrendered before the Court and also obtained a bail vide Criminal Petition No. 2058 of 2014 dated 07.07.2014, wherein Court imposed a condition that the petitioner has to report on every Tuesday before the Station House Officer and also provide sureties. It is stated that charge sheet is now filed in the above said crime and the same is numbered as C.C. No. 570 of 2014.

(3.) LEARNED Government Pleader has filed a counter affidavit of the second respondent, wherein he states that the Look Out Circular dated 08.01.2014 was to expire on 07.01.2015, the Superintendent of Police, Guntur Urban sent a request for renewal of LOC to Additional Director General of Police, A.P., Hyderabad on 06.01.2015 and LOC was extended on 06.01.2015 by one more year. The counter affidavit further states that the said LOC was issued as per the circular instructions received under memorandum dated 27.10.2010 by the Ministry of Home Affairs, Government of India (Foreigners Division) and that in view of the existing LOC, the petitioner was not allowed to leave the country. It is also stated that the proceedings against the petitioner are pending in Crime No. 471 of 2012 and though it is accepted that the petitioner surrendered before the Special Judicial Magistrate of First Class, Prohibition and Excise, Guntur on 16.09.2014 and filed an undertaking before the Court, it is alleged that his nationality as a Britishian was not disclosed. The counter affidavit also relies upon a decision of the Madras High Court wherein similar matter is stated to have been considered and a copy of the judgment is also appended to the counter.