Andhra Pradesh High Court – Amravati
Chevireddy Mohith Reddy, vs Union Of India, on 20 January, 2025
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APHC010405192024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTIETH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 20589/2024
Between:
Chevireddy Mohith Reddy, ...PETITIONER
AND
Union Of India and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. VMR LEGAL
Counsel for the Respondent(S):
1. GP FOR HOME
The Court made the following:
1. This writ petition is filed under Article 226 of the Constitution of India
claiming the following relief:
“Writ of Mandamus declaring the action of the Respondents in
keeping the Look Out Notice issued against the petitioner in force
even after issuance of 41A Notice and grant of bail to the
petitioner by this Honble Court in CRLP No 4949 OF 2024 dated
29 07 2024 after the apprehension of the petitioner by the airport
2authorities and produced before the 7th respondent Police as
Illegal arbitrary against law and is in violation of the fundamental
rights guaranteed under Articles 14 191g and 21 of the
Constitution of India and consequently direct the Respondents to
recall the Look Out Notice issued against the petitioner in Crime
No 75 of 2024 of S V U Campus Police Station Tirupathi District
and intimate to the authorities concerned ”
2. During hearing, learned counsel for the petitioner submits that, when
the petitioner was apprehended by the respondent authorities at the
immigration in the Bangalore Airport stating that a Look Out Circular was
issued against the petitioner, in view of pendency of FIR No.75 of 2024 on the
file of S.V. University Police Station, Tirupati and later handed over to the 7 th
respondent/Station House Officer. He submits that, pending the issuance of a
Look Out Circular (LOC) and secured his detention, then bail was granted. He
has since executed personal bonds as required, and a notice was also issued
to him under Section 41-A of the Criminal Procedure Code (Cr.P.C.). In view
of issuance of Notice under Section 41-A Cr.P.C and execution of personal
bonds, pursuant to grant of interim bail, the petitioner is under obligation to
inform about his arrival and departure to the respondents/police authorities.
He submits that, Look Out Notice issued by the respondents cannot be
continued for the reason that the petitioner was already detained and informed
to the originator and thereupon the terms and conditions of Look Out Notice
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were modified stating that the petitioner shall inform to the originator about his
arrival and departure of the petitioner.
3. He further submits that, the primary purpose of a Look Out Circular
(LOC) is to monitor and inform authorities of the petitioner’s arrival and
departure. If this purpose has already been fulfilled, there remains no valid
reason for the continuation existence of the LOC, as its original intent already
has been addressed and is no longer relevant. Therefore, the Look Out
Circular issued against the petitioner is liable to be quashed.
4. On the other hand, learned Government Pleader for Home, appearing
for Respondent No.6, filed counter affidavit, wherein it is stated that, on
29.07.2024 the accused was granted anticipatory bail by the Hon’ble High
Court of Andhra Pradesh, Amaravati vide Crl.P.No.4949/2024 with certain
conditions that in the event of arrest, he shall be released on bail on executing
a personal bond for a sum of Rs.20,000/- with two sureties for the likesum to
the satisfaction of the arresting police officials within two weeks from the date
of the order and also that he shall make himself available for investigation as
and when required and that he shall not cause any threat, inducement or
promise to the prosecution witness, (i) he shall cooperate with the
investigation being done by the police agency and (ii) he shall appear before
the investigating officer concerned, once in a fortnight, till filing of the charge
sheet.
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5. It is further submitted that, on 02.08.2024 the Superintendent of police,
Tirupati requested the Addl. DGP, CID, AP Mangalagiri vide
C.No.185/C3/DCRB-TPT/2024 dated 02.08.2024 to modify the action from
‘DETAIN AND INFORM THE ORIGINATOR’ to “INFORM ARRIVAL-
DEPARTURE OF THE SUBJECT (BUT NO OTHER ACTION TO BE TAKEN)
in the LOC No.2024424869.
6. It is submitted in the counter affidavit that, on 03.10.2024, the accused
Chevirreddy Mohith Reddy s/o Chevireddy Bhaskar Reddy surrendered before
the SDPO, Tirupati, Sub-Division, Tirupati. He was subsequently arrested and
released on bail upon furnishing a personal bond for a sum of Rs.20,000/- with
two sureties.
7. Learned Government Pleader submits that, the investigation is still
pending and the petitioner shall cooperate with the investigation being done
by the police agency and he shall appear before the investigating officer
concerned as and when required.
8. In reply, learned counsel for the petitioner drawn attention of this Court
to Paragraph No.6 of the writ affidavit wherein, it is submitted that, after a
notice under Section 41-A Cr.PC was issued by the respondents to the
petitioner, the petitioner had been cooperating with the investigation till date
and there was no instance wherein the petitioner tried to escape from the
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hands of justice and law enforcement agencies and once again submitted in
unequivocal terms that he would cooperate with the police authorities for
investigation whenever required.
9. Heard learned counsel for the petitioner, learned Government Pleader
for Home and perused the material available on record.
10. Undisputedly, the petitioner was apprehended by the respondent
authorities at the immigration in the Bangalore Airport stating that a Look Out
Circular was issued against the petitioner, in view of pendency of FIR No.75 of
2024 on the file of S.V. University Police Station, Tirupati and later handed
over to the 7th respondent/Station House Officer. Pending the issuance of a
Look Out Circular (LOC) and following his detention, bail was granted. Since
he has executed personal bonds as required, and a notice was issued to him
under Section 41-A of the Criminal Procedure Code (Cr.P.C.). Continuation of
LOC with old terms i.e. secure the custody and to present before the originator
is not necessary.
11. In view of issuance of Notice under Section 41-A Cr.P.C by the
respondents to the petitioner and execution of personal bonds, pursuant to
grant interim bail, the petitioner shall comply with the directions issued in the
Notice under Section 41-A Cr.P.C. Further, the petitioner shall inform about
his arrival and departure to the respondents/police authorities whenever he is
leaving the country. In such case, when directions under Section 41-A Cr.P.C
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are issued, issuance of LOC for detention of petitioner no more survives.
Accordingly, LOC is liable to be set-aside.
12. In the result, writ petition is allowed, declaring the action of the
respondents in keeping the Look Out Notice issued against the petitioner in
force even after issuance of 41-A Notice and grant of bail to the petitioner,
while setting-aside the same.
13. Consequently, miscellaneous applications pending if any, shall stand
closed.
_________________________________________
VENKATESWARLU NIMMAGADDA,J
Date: 20.12.2024
SP
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 20589/2024
Date: 20.12.2024
SP
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