AHMED ABDUL RAHEEM YESER Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.

(2.) Petitioner is accused in C.C.No.5927 of 2020 pending in the Court of XVI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. According to petitioner he is employed by a company in Dubai, of United Arab Emirates and has been frequently visiting India on official work. In the said process when he visited Mumbai on 29.02.2020, petitioner was apprehended at Chhatrapati Shivaji Maharaj International Airport and was handed over to the Sahara Police at Mumbai and from there the Habeeb Nagar Police brought him to Hyderabad. Petitioner was served with Section 41-A Cr.P.C., notice; he responded to the notice by furnishing relevant information, and has been appearing before the XVI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad whenever he was summoned to appear and trial is yet to commence in the said criminal case. Petitioner contends that the look out notice issued on 10.02.2020 is not withdrawn so far, even though he was arrested on 29.02.2020 causing hindrance in his travel plans and to report back to duty. Unless petitioner is permitted to travel to Dubai to report to his employer, he would loose his job causing severe hardship to him and his family.

(3.) This writ petition is filed praying to issue Mandamus to declare the action of the respondents in issuing look out circular and not withdrawing the same even after petitioner was apprehended and appeared before the XVI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, in the pending criminal case.