2015 (3) TMI 1412

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....ow, they are necessary and proper parties, the application in W.P.M.P.No.6711 of 2015 is therefore ordered. 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.7 on 03.02.2006 at Guntur. It is stated that both of them lived together at London for some time 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 petit....

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....180 days, which is the maximum permissible period and as such, he cannot remain in India and required to return to London as his salary is being with held by his employer and that in view of the fact that the petitioner has no intention to obstruct the hearing of the cases and he has already surrendered before the Court voluntarily, requested that the LOC to be taken back. However, as no action is being taken, the present writ petition is filed. The instructions received earlier by the learned Government Pleader however show that on the basis of opinion of Assistant Public Prosecutor, the Superintendent of Police declined to take any action on the request of the petitioner for withdrawal of LOC. Since such a reason was not acceptable to thi....

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....efore the Court by surrendering himself. He further submits that the petitioner is required to go out to England for the purpose of his job and petitioner cannot indefinitely stay in India. As such, his request for recall of Look Out Circular is required to be accepted. Learned counsel for the impleaded respondents however submits on apprehension that once the petitioner leaves the country, he will not be available before the Courts, where the proceedings are pending. The decision cited along with the counter affidavit as well as the decision of Delhi High Court cited by the learned counsel for the petitioner in my view, would direct that it is open for the petitioner to approach the Investigating Officer and explain the circumstances....