IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION NO : 3447 of 2009 Between: B.Srinivas Raghuveer, S/o. B.Sadananda Murthy, R/o. USA Presently residing at o.201, B. Block, Aditya Light Apartment, Somajiguda, Hyderabad. ..... PETITIONER AND 1 The State of A.P., Rep. by Special Police CBI , SPE, Hyderabad. 2 Dy Commissioner of Police, Immigration, Rajeev Gandhi International Airport, Shamshabad, Hyderabad. .....RESPONDENT(S) Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to direct the Superintendent of Police CBI, SPE, Hyderabad, to give necessary orders/directions to the Immigration authorities to remove the Lock Out notice forthwith as to enable the petitioner to proceed to USA and also return the property document of the petitioner forthwith The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr.PRADYUMNA KUMAR REDDY, Advocate for the Petitioner and of the Public Prosecutor, on behalf of the Respondent. The Court made the following: HONOURABLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION No.3447 OF 2009 ORDER: Heard Sri T. Pradyumna Kumar Reddy, learned counsel for the petitioner and Sri T. Niranjan Reddy, learned Special Public Prosecutor for the first respondent-Central Bureau of Investigation (hereinafter referred as C.B.I). No notice is being ordered to the second respondent-Deputy Commissioner of Police, Immigration, as the look out notice was issued by the C.B.I. and if proper directions are given to it, the same will be implemented by all other concerned Authorities also. The Criminal Proceedings in C.C. No.197 of 2007 on the file of the XIV Additional Chief Metropolitan Magistrate, Hyderabad, against the petitioner and others arose out of the loan transactions, which were the subject of a one time settlement (OTS). The petitioner and other accused filed Criminal Petition No.1845 of 2009 before this Court for quashing the Criminal proceedings and accordingly orders were passed by this Court on 24-04-2009 quashing the further proceedings in C.C. No.197 of 2007. However, subsequently the said orders in Criminal Petition No.1845 of 2009 were recalled in Criminal M.P. No.3310 of 2009 and the said Criminal petition is again coming for enquiry. The matter is said to have been posted for hearing the Chief Vigilance Officer, Vigilance Department, State Bank of Hyderabad. While so, the petitioner came up with this petition when the quash orders passed in Criminal Petition No.1845 of 2009 were in force and stated that a look out notice was issued by the C.B.I., when his appearance before the trial Court did not take place and a Non Bailable Warrant was pending against him. The petitioner also contended that two documents of his were withheld by the C.B.I., and now that he had appeared before the trial Court on 08-02-2009 and subsequent dates of hearing, the look out notice may be recalled and he may be enabled to proceed to the United States of America. He also sought for return of property documents from the C.B.I. Sri T. Pradyumna Kumar Reddy, learned counsel for the petitioner stated that so far as the relief of permission to proceed to United States of America is concerned, the same has become superfluous as the petitioner has obtained orders from this Court concerning the same, which request was considered positively subject to the conditions imposed by this court. The learned counsel also stated that he is not pressing for the present, request for the return of documents relating to the property, in view of restoration of Criminal Proceedings for quashing the criminal proceedings which are yet to be heard and decided. As such the request now is confined only to removal of the look out notice and there is no ambiguity that the said look out notice has been issued only because of the failure of the petitioner to appear before the Trial Court and the consequential issue of compulsive process by the Court in the shape of Non Bailable Warrants. As the petitioner has entered his appearance before the trial Court, which fact is not in dispute, the look out notice cannot any longer be kept in force and the C.B.I. has to necessarily recall it. Accordingly, the Superintendent of Police, C.B.I., SPE, Hyderabad, is directed to recall the look out notice issued against the petitioner in connection with C.C. No.197 of 2007 on the file of XIV Additional Chief Metropolitan Magistrate, Hyderabad, and the Criminal Petition is ordered accordingly. ____________________ G.BHAVANI PRASAD, J Date: 05-08-2009. Dsh.