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Tag: Article 226 – Lookout Circular (LOC) Quashed

Bagadi Santhosh Kumar Vs Union of India and Ors on 12 Mar 2025

Posted on February 21 by ShadesOfKnife

The Andhra Pradesh High Court examined the legality of a Look-Out Circular (LOC) issued against the petitioner in a matrimonial-related criminal case.

The Court held that authorities cannot issue an LOC routinely. The Court emphasised that an LOC affects personal liberty and must satisfy the conditions laid down in the Ministry of Home Affairs guidelines. Since the petitioner had cooperated with the investigation and the case did not fall within exceptional categories, the Court directed withdrawal of the LOC.

Before reproducing the relevant extracts, the Court examined the constitutional protection of personal liberty and the statutory guidelines governing Look-Out Circulars.

Relevant Extracts from the Judgment:

“14. It is basic that merely because a person is involved in a criminal case, he is not denude of his Fundamental Rights, it is the fundamental of a person to move anywhere he likes including foreign countries. One’s such personal freedom and liberty cannot be abridged. [See; Article 21 Constitution of India].”

“14. But, in any case, it must be fair and reasonable. It should not be indiscriminate without any reason or basis.”

“17. Sub-para J of Office Memorandum dated 22.02.2021 mandates that a Look-Out Circular shall remain in force until and unless a deletion request is received by the Bureau of Immigration from the Originator and that no Look-Out Circular shall be deleted automatically.”

“18. Sub-para L of the circular dt. 22.02.2021 indicates that Look-Out Circulars could be issued in exceptional cases where the departure of the person concerned will be detrimental to the sovereignty, security and integrity of India…”

“20. Issuance of LOC, in the peculiar facts of this case, is unwarranted.”

“21. Given the facts and circumstances of the case, the 5th respondent shall withdraw the Look-Out Circular issued against the petitioner in connection with Crime No.319 of 2024… forthwith.”

Decision

The Andhra Pradesh High Court allowed the writ petition. The Court directed the authorities to withdraw the Look-Out Circular forthwith. The Court permitted the petitioner to approach the Magistrate for travel permission in the pending criminal case.


Bagadi Santosh Kumar Vs Union of India and Ors on 12 Mar 2025

Citation :

Other Sources :


Index of Look Out Circular notices is here. 


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Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Article 21 - Protection of life and personal liberty Article 226 - Lookout Circular (LOC) Quashed Bagadi santhosh kumar Vs Union of India and Ors Criminal law Criminal Procedure LOC in Matrimonial Dispute Look Out Circular Look Out Circular Notices Quashing of LOC Right to Travel | Leave a comment

Lagubeeru Venkata Arun Kiran Vs Union of India and Ors on 04 Feb 2026

Posted on February 9 by ShadesOfKnife

A single judge of AP High Court held that LOCs could be issued in exceptional cases where the departure of the person concerned will be detrimental to the sovereignty, security and integrity of India or is detrimental to the bilateral relations with any country or to the strategic and/or economic interests of India or that person may potentially indulge in an act of terrorism or offence against the State. Not in Section 498A IPC cases routinely.

From Paras 9 and 10,

9. Admittedly, by virtue of opening of the Look Out Circular, personal liberty of the person is curtailed. The LOCs are only the circular instructions that have been issued by the respondent/police only with a view to detain a person or to see that he will cooperate with the trial. Of late, in each and every case that has been registered under Section 498-A IPC, it has become common for the respondent/police, without looking into the aspects whether the petitioner is cooperating with the trial or he is evading arrest, to open the LOCs in mechanical manner. It is essential that the police have to open LOCs against the persons who are the accused for grave offences or the persons who are involved in financial irregularities or the offences which are against the Society. In such cases, the respondent/police can resort in opening the LOCs against the accused, not permitting them to leave the country. If the accusation against the accused persons is such that it is detrimental to the Nation, then LOC can be issued. In the case on hand, the offence alleged is under Section 498-A IPC and the offence is not so grave and if the petitioner is not permitted to travel abroad as a part of his employment, by virtue of opening LOC, the petitioner would suffer irreparable loss. These aspects have to be seen on the touchstone of the Article 21 of the Constitution of India. By virtue of opening LOC the personal liberty of the person would be affected. On mere registration of a case for the offence under Section 498-A IPC, opening of the LOC against the accused, will affect his career. In most of the cases under matrimonial offences, it may end in compromise or it will take much time for the case to come up for hearing. As such, it is not necessary for the respondent/police to open LOC against the petitioner herein.
10. Sub-para (L) of the Guidelines on the Look-out Circular issued by the Ministry of Home Affairs, vide OM No.25016/10/2017-Imm (pt), dated 22.02.2021, indicates that Look-Out Circulars could be issued in exceptional cases where the departure of the person concerned will be detrimental to the sovereignty, security and integrity of India or is detrimental to the bilateral relations with any country or to the strategic and/or economic interests of India or that person may potentially indulge in an act of terrorism or offence against the State, if such person is allowed to leave or where travel ought not be permitted in the larger public interest at any given point of time.

Lagubeeru Venkata Arun Kiran Vs Union of India and Ors on 04 Feb 2026

Citations:

Other Sources:


Index of LOC Judgments is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Article 226 - Lookout Circular (LOC) Quashed Lagubeeru Venkata Arun Kiran Vs Union of India and Ors Look Out Circular Notices | Leave a comment

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