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2021 (4) TMI 1386

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..... ioner's case is not covered in the look out circular issued by the first respondent. The only condition, which is now available to the petitioner is that he must appear before the concerned Court when the final report is filed. The process of investigation is not necessary insofar as Crime No. 142 of 2021, pending on the file of the fourth respondent, since a compromise was arrived between the petitioner and the defacto complainant. If at all this requirement is necessary is only in Crime No. 143 of 2021. The offences alleged in the said First Information Report are not grievous in nature. Hence, his presence may be required only at the time of trial. On this ground, the petitioner's liberty to go out of the country cannot be denied .....

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..... complaint before the fourth respondent herein in Crime No. 143 of 2021 for the offence under Section 294(b), 323 and 506(i) of I.P.C., against the petitioner. The petitioner approached this Court by filing Crl. O.P. (MD) Nos. 3576 and 3581 of 2021. The defacto complainant namely., Velayutham in Crime No. 142 of 2021 appeared before this Court and filed joint compromise memo. On that basis, the petitioner was granted anticipatory bail. But the fourth respondent recommended the second respondent to issue look out circular against this petitioner. When the petitioner went to Trichy Airport to travel to Dubai for business purpose, the first respondent restrained him by stating a look out circular is pending against him. Therefore, he sent a de .....

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..... ince a compromise was arrived between the petitioner and the defacto complainant. If at all this requirement is necessary is only in Crime No. 143 of 2021. The offences alleged in the said First Information Report are not grievous in nature. Hence, his presence may be required only at the time of trial. On this ground, the petitioner's liberty to go out of the country cannot be denied. 5. The learned counsel for the petitioner brought to the notice of this Court the instructions issued with regard to the issuance of look out circular. They are as under:- 14Q: What do we mean by a look out circular (LOC) Ans: LOC is a tool to prohibit restrict/regulate the entry, stay and exit of (i) all under able persons. (ii) Whose presence is require .....

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..... violations of visa conditions. iv) Persons required by courts in criminal/civil cases who are absconding. v) Absconding Offenders wanted by Police/CBI/Customs/Central excise/Directorate of Rev. Intelligence/other agencies. 19Q: What is the upper limit for maintaining a wanted persons name in LOC? Ans: (i) Visadex cards after expiry of one year will be weeded out unless and otherwise the originator asks for continuance. (ii) MHA warning circulates/look out instructions will be retained permanently until specific instructions are given for deletion. 6. In the light of the above, when both the petitions were allowed, the second respondent ought not to have issued the look out circular. In similar circumstance, this Court in Crl. O.P. No. 2774 .....

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