Mandalaparthi Bharadwaj & Ors. vs Union Of India & Ors.

Questioning the action of the respondent authorities in issuing the Look Out Circulars (LOC) against the petitioners in connection with Crime No.60 of 2026 dated 21.04.2026 registered at Mahila Police Station, Rajamahendravaram, the present Writ Petition has been filed.

Heard Sri M.Radha Krishna, learned counsel representing Sri M.Sri Atchyut, learned counsel for the petitioner, Smt Divya Datla, learned Central Government Counsel appearing for respondent Nos.1 to 3 and learned Assistant Government Pleader for Home Department appearing for respondent Nos.4 to 7.

Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that 1^st petitioner’s wife lodged a complaint against the petitioners on 21.04.2026. Based on the said complaint, a case was registered in Crime No.60 of 2026 of Mahila Police station for the offences punishable under Section 85 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of Dowry Prohibition Act, 1961. He further submitted that when petitioner Nos.1 & 2 arrived in India from USA on 04.08.2026, they were stopped and detained by the Immigration authorities on the ground that Look Out Circulars (LOCs) have been issued against them. Thereafter, upon the undertaking given by petitioner Nos.1 & 2, to cooperate with the Mahila PS, Rajamahendravaram, they were released by the Immigration authorities. He further submitted that petitioner Nos.1 & 2, after reaching their hometown, came to know that an absconding charge sheet vide C.C.No.1583 of 2026 on the file of the IV Additional Judicial First Class Magistrate, Rajamahendravaram, has been filed against them and the same is pending consideration and it is posted for hearing on 19.11.2026 for summons.

Learned counsel further submitted that due to the pendency of the LOC, the 1^st petitioner, who is residing in the USA, is unable to travel to India and appear before the concerned Court, as there is every likelihood of being detained by the immigration authorities immediately upon his arrival in India. He further submitted that the petitioner is ready and willing to cooperate with the investigation in Crime No.60 of 2026 of Mahila Police Station, as such, prayed to pass appropriate orders protecting the interest of the petitioners.

On the other hand, learned Central Government counsel, submitted that the petitioners have not approached the concerned Court at the first instance and straight away filed the present writ petition and this Court cannot adjudicate the same. However, if the petitioners intend to appear before the concerned Court, this Court may consider the same and pass appropriate orders.

Learned Assistant Government Pleader for Home also made similar submissions.

Perused the material available on record and considered the submissions made by learned counsel for the parties.

It is not in dispute that Crime No.60 of 2026 was registered on the file of Mahila Police Station against the petitioners for the offences punishable under Section 85 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of Dowry Prohibition Act, 1961, based on the complaint lodged by the 1^st petitioner's wife. It is also not in dispute that the respondent authorities issued a Look Out Circular (LOC) against the petitioners on the ground that the aforesaid crime had been registered against them and that they were absconding and not cooperating with the investigation. However, the petitioners have approached this Court contending that they are ready and willing to cooperate with the investigation and that, if the operation of the Look Out Circular is suspended, the 1^st petitioner who is in the USA will appear before the Station House Officer concerned and extend his cooperation with the investigation.

As could be seen from the record, the offences registered against the petitioner are not heinous in nature. Further, the case filed vide C.C.No.1583 of 2026 on the file of the IV Additional Judicial First Class Magistrate, Rajamahendravaram, is posted for hearing on 19.11.202 for summons.

In view of the facts and circumstances of the case and taking into consideration the submissions made by the learned counsel for the petitioner as well as the learned counsel appearing for the respondents, this Court, with the consent of both the parties, is inclined to dispose of the Writ Petition by passing the following order:

Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications, pending if any, shall stand closed.