2022 (7) TMI 1541 - HC - Indian Laws

Challenge to issuance of Look Out Circular against the petitioner without due process of law - offences under Sections 498-A and 307 read with Section 34 IPC and under Sections 3 and 4 of Dowry Prohibition Act - HELD THAT - According to the police, the whole basis for issuing the look out circular is that NBWs were issued against the petitioner. When once the petitioner has returned to India and appeared before the Court below, wherein bail was granted as well as the permission to travel abroad, there are no reasons for continuation of the said look out circular. Once LOC is issued, it has to be renewed every year in all the cases. But the respondent-police are continuing the same without any renewal. In this case, even as per the counter, there are no circumstances for continuing the look out circular and hence, the respondents are directed to withdraw the look out circular and also communicate the same to all the concerned within a period of three weeks from the date of receipt of a copy of the order. The Writ Petition is disposed of.

Summary

Issues:
Challenging the issuance of a Look Out Circular by respondent Nos. 2 and 3 against the petitioner without due process of law.

Analysis:
The petitioner challenged the Look Out Circular issued by the police against him in connection with a case filed by respondent No.5. The police registered a case against the petitioner for offenses under Sections 498-A, 307, and Dowry Prohibition Act. The petitioner, a resident of the U.K., was shown as absconding as he was not in the country during the charge sheet filing. The petitioner applied for anticipatory bail, which was granted, directing him to surrender before the concerned Court. The Sessions Judge granted bail to the petitioner on the condition of surrendering his passport and not leaving India without permission. The petitioner was later granted permission to travel to the U.K., but the Look Out Circular prevented him from doing so.

The Assistant Government Pleader argued that the Look Out Circular was issued due to pending NBWs against the petitioner and restrictions imposed by the Court on traveling abroad. However, the basis for the Look Out Circular was the pending NBWs, which were recalled upon the petitioner's return to India and subsequent bail and travel permission granted. The police continued the Look Out Circular without valid reasons, as confirmed by the lack of circumstances for its continuation in the police's counter.

The Court found no justification for the continuation of the Look Out Circular once the petitioner had complied with the bail conditions and obtained permission to travel abroad. The police were directed to withdraw the Look Out Circular and inform all concerned parties within three weeks of the order. The Writ Petition was disposed of with no costs awarded, and any pending miscellaneous petitions were closed.