THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.19458 OF 2011 ORDER Heard. The petitioner, who is employed as Software Engineer in U.S.A., is before this Court under Article 226 of the Constitution of India, seeking recall of Look Out Circular issued by the police against him. As the petitioner is accused No.1 in Crime No.110 of 2010 purportedly filed by estranged wife of the petitioner under Section 498- A IPC as well as relevant provisions of Domestic Violence Act and Dowry Prohibition Act. It appears that initially Lock Out Circular was issued against him but later he entered India, on the advise of the local police to the Hyderabad Airport authorities not to arrest him as per the Lock Out circular. The petitioner thereafter appeared before the Competent Court and was granted anticipatory bail subject to conditions vide orders in Crl.M.P.No.805 of 2011, dated 25.5.2011 passed by the learned Metropolitan Sessions Judge, Cyberabad. The affidavit states that the estranged wife of the petitioner at whose instance crime was reported has already left for U.S.A., in March, 2011 and he is required to join the employer but is unable to leave India on account of the Lock Out Circular as he apprehends that he would be arrested, if found leaving India. Hence, the petitioner prays recall of Lock Out Circular as he has already surrendered before the Criminal Court. The respondents filed a counter specifically stating that they have filed the charge sheet before the XIV Metropolitan Magistrate, Cyberabad at L.B. Nagar, in C.C.No.277 of 2010 and the case is now posted for trial to 26.9.2011 and it is open for the petitioner to file a petition before the Court where he is facing the trial. Since the charge sheet is already filed before the learned XIV Metropolitan Magistrate, Cyberabad, L.B. Nagar, the said jurisdictional Court is seized of the matter and in view of the averments in the counter filed by the respondents, they will abide appropriate orders passed by the said Jurisdictional Court. Hence giving liberty to the petitioner to move the jurisdictional Magistrate’s Court, the writ petition is dismissed. If the petitioner moves the jurisdictional Court for appropriate relief, the Magistrate concerned would consider the same expeditiously and pass appropriate orders in accordance with law, keeping in view the urgency expressed by the petitioner. _________________________ VILAS V. AFZULPURKAR,J Note: Furnish copy by tomorrow B/O Nn THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.19458 OF 2011 22.7.2011