IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO :PRESENT:

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY IA Nos. 1 & 2 OF 2022

IN

WP NO: 29871 OF 2022

Between:

Dr.Mani Akkineni, W/o.Dr.Sudharsan Rao, Hindu, aged 63 years, resident of Gayathri Nagar, Vijayawada - 520 010.

...Petitioner

AND

• 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.
• 2. The Superintendent of Police, Guntur District.
• 3. The Deputy Superintendent of Police, Central Crime Station, Guntur Urban, Andhra Pradesh
• 4. The Station House Officer, Mangalagiri Rural Police Station, Mangalagiri, Guntur District
• 5. Bureau of Immigration, Ministry of Home Affairs Government of India represented by its Commissioner Immigration, East Block, VIII Level V Sector 1 R K Puram, New Delhi.

...Respondents

Counsel for the Petitioner :JAVVAJI SARATH CHANDRA Counsel for the Respondent Nos.1 to 4:GP FOR HOME Counsel for the Respondent No.5: SRI N. HARINATH, ASST. SOLICITOR GENERAL

IA NO.1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents 1 to 4 to communicate Respondent No.5 authorities to forbear from preventing Dr. Mani Akkineni bearing American Passport No. 545835240 from leaving or entering the borders of India without any obstruction or hindrance from the respondent No.5 immigration centers, more specifically one at Raiiv Gandhi International Airport, Hyderabad, pending disposal of WP No.29871 of 2022, on the file of the High Court.

IA NO.2 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the in WP 29871/2022 look out Circular issued by the Respondents 1 to 4 against the Petitioner in FIR No.346 of 2021, dt.19-06-2021, pending disposal of WP No. 29871 of 2022, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following;

ORDER:

"The legal validity of issuance of LOC against the petitioner on the ground that a crime was pending against her is questioned by the petitioner relying on the judgment of the Division Bench of Punjab and Haryana High Court at Chnadigarh in the case of Noor Paul v. Union of India (MANU/PH/0561/2022), wherein at para.66 the Official Memorandum, dated 22.02.2021, issued prescribing certain guidelines for issuance of LOC, was extracted and at para.67, it was held that when there is no adverse effect on the economic interst of India has been made out either in the original request made for issuance of LOC, due recourse could not have been taken for a coercive process like issuance of LOC.

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Learned Senior Counsel appearing for the petitioner Sri B.Adinarayana Rao, would submit that as per the said guidelines prescribed in the Official Memorandum, mere registration of crime or pendency of investigation cannot be a valid ground for issuance of LOC. Therefore, on the aforesaid ground the legal validity of the LOC that was issued against the petitioner is questioned in the main Writ Petition.

Therefore, as the legal validity of the LOC that was issued against the petitioner is challenged in the Writ Petition, which is to be decided in the main Writ Petition, after the respondents file their counter-affidavits, there shall be interim suspension of the impugned LOC issued against the petitioner, till the next date of hearing.

The petitioner is permitted to leave for USA and again return to India as per her schedule. However, as it is vehemently contended by the learned Government Pleader for Home that the petitioner is not cooperating with the Investigating Officer to complete the investigation, and she is not appearing before the Investigating Officer in response to the notices served on her, the petitioner is directed to cooperate with the Investigating Officer for completion of investigation.

Learned Senior Counsel appearing for the petitioner would submit that the petitioner is ready to appear before the Investigating Officer tomorrow itself.

Therefore, the petitioner is directed to appear before the Investigating Officer tomorrow at 10.30 A.M. at NRI Hospital, Mangalagiri. The process of examination/ interrogation or whatever the process it may be, shall be completed by the Investigating Officer by 5.00 P.M. tomorrow. She shall be treated with human dignity and she shall not be subjected to any pointless grilling or any harassment.

The Investigating Officer is directed to inform that the LOC that was issued against the petitioner was suspended by this Court till the next date of hearing to the 5^th respondent Bureau of Immigration, Ministry of Home Affairs, New Delhi."

//TRUE COPY//

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Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR

SECTION OFFICER.

To,

• 1. The Principal Secretary, Home Department, State of Andhra Pradesh, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.
• 2. The Superintendent of Police, Guntur District.
• 3. The Deputy Superintendent of Police, Central Crime Station, Guntur Urban, Andhra Pradesh
• The Station House Officer, Mangalagiri Rural Police Station, Mangalagiri, Guntur District
• 5. The Commissioner, Bureau of Immigration, Ministry of Home Affairs Government of India, East Block, VIII Level V Sector 1 R K Puram, New Delhi.(1 to 5 By RPAD)
• 6. One CC to Sri. Javvaji Sarath Chandra, Advocate [OPUC]
• One CC to Sri N. Harinath, Asst. Solicitor General [OPUC]
• 8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]
• 9. One spare copy.

MSB

HIGH COURT

CMR,J

DATED:16/09/2022

ORDER

LIST THE MATTER AFTER FOUR WEEKS

IA NO.1 & 2 OF 2022 IN WP.No.29871 of 2022

INTERIM DIRECTION