2022 (1) TMI 1277 - HC - Indian Laws

Issuance of lookout circular against the petitioner - service of requisite notice under Section 41A of the Cr.P.C. - HELD THAT - It is informed on behalf of the Union of India i.e. the respondent no.1 that there was no request received by the Union of India for issuance of any lookout circular qua FIR No.85/2021, PS Guntur. The respondent no.2 shall seek instructions in relation to the aspect of any requirement of any lookout circular in relation to FIR No.346/2021, PS Guntur with a copy thereof being placed on the record and the copy of FIR No.85/2021, PS Guntur be also placed on record by the State of Andhra Pradesh. The matter in the circumstances, be re-notified for 18.02.2022.

Summary

Issues:
1. Issuance of lookout circular against the petitioner.
2. Request for quashing the lookout circular.
3. Discrepancy between FIR numbers related to the lookout circular.
4. Instructions sought by the State of Andhra Pradesh regarding the lookout circular.
5. Lack of request for lookout circular by the Union of India.

Analysis:
1. The judgment revolves around the issuance of a lookout circular against the petitioner by the State of Andhra Pradesh. The respondent no.2 clarified that the circular was issued due to the petitioner's whereabouts being unknown and not with the intention of coercive action. The respondent no.2 served a notice under Section 41A of the Cr.P.C. to the petitioner to comply with legal procedures. The petitioner sought the quashing of the lookout circular.

2. The respondent no.2 did not oppose the petitioner's prayer for quashing the lookout circular, as the notice under Section 41A had been served. The court did not delve into certain prayer aspects, as the petitioner had already been released. The lookout circular was issued based on the request of the State of Andhra Pradesh, as stated by the learned CGSC for the respondent no.1.

3. A discrepancy arose regarding the FIR numbers mentioned in the petition and the lookout circular. The lookout circular pertained to FIR No.346/2021, while the petition referred to FIR No.85/2021, both from the Guntur Police Station. The State of Andhra Pradesh sought time to clarify and seek instructions regarding the lookout circular related to FIR No.346/2021.

4. The State of Andhra Pradesh, as respondent no.2, requested time to ascertain the necessity of a lookout circular for FIR No.346/2021 and agreed with the quashing of the circular for FIR No.85/2021. The matter was adjourned for further clarification and submission of relevant documents.

5. The Union of India, respondent no.1, confirmed not receiving any request for a lookout circular concerning FIR No.85/2021. The court directed the State of Andhra Pradesh to provide instructions on the requirement for a lookout circular for FIR No.346/2021 and submit relevant documents for review on the next hearing date.