1. Questioning the action of the respondent authorities in issuing and continuing the Look Out Circular (LOC) against the petitioner in connection with Crime No.136 of 2024 dated 16.05.2024 on the file of Disha Women Police Station, Visakhapatnam, the present Writ Petition was filed.
2. Heard Sri K.Jyothi Prasad, learned counsel for the petitioner, Sri Parimi Rama Rayudu, learned Central Government Counsel appearing for respondent Nos.1 & 2 and learned Assistant Government Pleader for Home Department appearing for respondent Nos.3 to 6.
3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that, basing on the complaint lodged by the petitioner’s brother’s wife against the petitioner and his family members, a case was registered in Crime No.136 of 2024 on the file of Disha Women Police Station, Visakhapatnam for the offences punishable under Sections 498-A of Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act read with Section 34 of the Indian Penal Code wherein petitioner was arrayed as A6. He further submitted that the police have completed the investigation and filed a charge sheet which was taken on file as C.C.No.2246/2025 on the file of court of I Addl. Chief Judicial Magistrate, Visakhapatnam. He further submitted that, on 16.05.2026, the petitioner was detained by the 4th respondent at the international airport, Gannavaram on the ground that LOC was issued against the petitioner in Originator’s Ref.No.2025/8720/00007873 dated 19.08.2025 in connection to Crime No.136 of 2024 and was handed over to the local police authorities and the petitioner was released on station bail on 17.05.2026. He further submitted that due to the pendency of the LOC, the petitioner, who is working as a construction worker in Singapore, is unable to travel to Singapore for his employment. He further submitted that, though the petitioner had made a representation dated 23.06.2026 requesting the authorities to recall or modification of the LOC, no action was taken so far. He further submitted that, the petitioner has grave urgency to travel Singapore immediately to attend his business engagements, otherwise they get crippled and ultimately his livelihood gets collapsed. He further submitted that the petitioner is ready and willing, to appear before the Trail Court as and when required, to furnish sureties, travel itinerary and to provide contact details abroad. Hence, prayed to direct the authorities to remove or withdraw the Look Out Circular.
4. On the other hand, Assistant Government Pleader for Home, submitted that if the petitioner intends to appear before the Investigating Agency, this Court may consider the same and pass appropriate orders.
5. Perused the material available on record and considered the submissions made by learned counsel for the parties.
6. It is not in dispute that Crime No.136 of 2024 was registered on the file of Disha Women Police Station, Visakhapatnam against the petitioner and his family members for the offences punishable under Sections 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, read with Section 34 of the Indian Penal Code, based on the complaint lodged by the petitioner's brother’s wife. Further, cognizance was taken and C.C.No.2246/2025 was filed on the file of court of I Addl. Chief Judicial Magistrate, Visakhapatnam. It is also not in dispute that the respondent authorities issued a Look Out Circular (LOC) against the petitioner on the ground that the aforesaid crime had been registered against him and that he was not cooperating with the investigation. However, the petitioner has approached this Court contending that he is ready and willing to appear before the Trail Court as and when required and to furnish sureties, travel itinerary and contact details abroad and extend his cooperation with the investigation, in the meantime prayed to permit him to travel to Singapore for employment by suspending the operation of the Look Out Circular for a limited period.
7. In the instant case, there is no NBW nor any coercive steps initiated against the petitioner. It is essential for the petitioner herein to travel to SINGAPORE on his construction work.
8. Admittedly, by virtue of opening of the Look Out Circular, personal liberty of the person is curtailed. The LOCs are only the circular instructions that have been issued by the respondent/police only with a view to detain a person or to see that he will cooperate with the trial. Of late, in each and every case that has been registered under Section 498-A IPC, it has become common for the respondent/police, without looking into the aspects whether the petitioner is cooperating with the trial or he is evading arrest, to open the LOCs in mechanical manner. It is essential that the police have to open LOCs against the persons who are the accused of grave offences or the persons who are involved in financial irregularities or the offences which are against the Society. In such cases, the respondent/police can resort in opening the LOCs against the accused, not permitting them to leave the country. If the accusation against the accused persons is such that it is detrimental to the Nation, then LOC can be issued. In the case on hand, the offence alleged is under Section 85 read with 3(5) of the BNS (Section 498-A IPC old) and the offence is not so grave and if the petitioner is not permitted to travel abroad as a part of his employment, by virtue of opening LOC, the petitioner would suffer irreparable loss. These aspects have to be seen on the touchstone of the Article 21 of the Constitution of India. By virtue of opening LOC the personal liberty of the person would be affected. On mere registration of a case for the offence under Section 498-A IPC, opening of the LOC against the accused, will affect his career. Most of the cases under matrimonial offences may end in compromise or it will take much time for the case to come up for hearing. As such, it is not necessary for the respondent/police to open LOC against the petitioner herein.
9. Sub-para (L) of the Guidelines on the Look-out Circular issued by the Ministry of Home Affairs, vide OMNo.25016/10/2017-Imm (pt), dated 22.02.2021, indicates that Look-Out Circulars could be issued in exceptional cases where the departure of the person concerned will be detrimental to the sovereignty, security and integrity of India or is detrimental to the bilateral relations with any country or to the strategic and/or economic interests of India or that person may potentially indulge in an act of terrorism or offence against the State, if such person is allowed to leave or where travel ought not be permitted in the larger public interest at any given point of time.
10. Going by the stipulation in the Office Memorandum dated 22.02.2021 issued by the Ministry of Home Affairs, petitioner would not in any way come within the purview of the parameters that have been laid down in Sub-para (L) of the Circular.
11. At this juncture, learned counsel for the petitioner submitted that, the date of adjournment in trial court in connection with C.C.No.2246/2025 is on 26.10.2026 and that the petitioner will file an appropriate application before the concerned civil court at that particular date. He further submitted that, the petitioner has to leave to Singapore for his employment with immediate effect, otherwise his employment would terminated and livelihood would be at stake and prayed to pass appropriate orders in that regard.
12. In view of the aforesaid facts and circumstances of the case and keeping in view the principles laid down in the aforesaid precedents, this Court, with the consent of both the learned counsel, is inclined to dispose of the writ petition with the following directions:
(i) The operation of Look Out Circular issued against the petitioner is suspended till 26.10.2026.
(ii) The petitioner is permitted to travel to Singapore subject to submitting all his particulars with regard to his employment in Singapore, his travel itinerary, contact details abroad before the Originator concerned before leaving from India to Singapore.
(iii) The petitioner shall return to India by the next date of hearing i.e., 26.10.2026 for appearing before the court below and shall cooperate with the proceedings in C.C.No.2246/2025 on the file of court of I Addl. Chief Judicial Magistrate, Visakhapatnam.
(iv) Upon appearance, the petitioner shall make appropriate application before the learned I Additional Chief Judicial Magistrate, Visakhapatnam to travel back to the Singapore next time, by the next date of hearing, failing which, the respondent authorities shall be at liberty to continue the LOC.
(v) In the meantime, the respondents are directed to pass orders on the representation dated 23.06.2026 submitted by the petitioner in accordance with law.
Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any shall stand closed.
