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Tag: Look Out Circular Notices

S.Martin Vs The Deputy Commissioner of Police on 21 Feb 2014

Posted on July 5 by ShadesOfKnife

A single judge of Madras HC held as follows.

From Para 46,

46.For the foregoing discussions, the Writ Petition is dismissed, leaving the parties to bear their own costs. Further, this Court directs the Petitioner/A2 to co-operate with the Investigating Agency in respect of Crime No.304 of 2012 by joining the investigation and to make his appearance before the Investigating Officer. After completion of the investigation, the concerned Investigating Agency is to file a charge sheet before the concerned Court in the manner known to law and in accordance with law, as expeditiously as possible (since the LOC cannot be issued periodically for a indefinite period and issuance of the same cannot hang on like a Damocle’s Sword on a Person’s Head). As and when the investigation is completed and charge sheet is filed, it is open to the Petitioner/A2 either to seek the aid of Authority/Officer (based on the request made by the concerned authority), who ordered
the issuance of LOC or the trial Court where a case is pending or having jurisdiction over the concerned Police Station relating to the cancellation of LOC, (provided it is in force and alive), by filing necessary petition in accordance with law. Also that, the LOC can be withdrawn by the authorities concerned, who issued the same. Indeed, the Criminal Court’s jurisdiction in cancelling LOC or affirming the same is quite in tune with the jurisdiction of cancellation of Non Bailable Warrant. Also, it is open to the Petitioner/A2 to seek permission of the trial Court by projecting necessary petition for proceeding abroad setting out necessary details/particulars, like places to which he intends visiting/ travelling, the addresses of the places where he would be staying or residing and the duration, the object of visit/travel etc., if so advised. Consequently, connected Miscellaneous Petition is also dismissed.

S.Martin Vs The Deputy Commissioner of Police on 21 Feb 2014

Citations :

Other Sources :

https://indiankanoon.org/doc/31460970/

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision Look Out Circular Notices S.Martin Vs The Deputy Commissioner of Police | Leave a comment

Gattupalli Ujwal Vs State of Andhra Pradesh and Ors on 30 Oct 2019

Posted on July 5 by ShadesOfKnife

Single bench of AP High Court held as follows based on Sumer Salkan decision here.

In view of the law declared by the Apex Court in Rajesh Sharma and others v. State of Uttar Pradesh and another, issue of red corner notice against the family members of the husband of the victim of an offence punishable under Section 498- A of I.P.C is quashed. However, the Apex Court and the other courts laid down certain guidelines as to when such a red corner notice is to be issued. Based on the guidelines, issued in Sumer Singh Salkan v. Asst. Director and others1, the Delhi High Court observed as follows:

The questions are answered as under:

A. Recourse to LOC can be taken by investigating agency in cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing in the trial court despite NBWs and other coercive measures and there was likelihood of the accused leaving the country to evade trial/arrest.

B. The Investigating Officer shall make a written request for LOC to the officer as notified by the circular of Ministry of Home Affairs, giving details & reasons for seeking LOC. The competent officer alone shall give directions for opening LOC by passing an order in this respect.

C. The person against whom LOC is issued must join investigation by appearing before I.O. Or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. LOC can be withdrawn by the authority that issued and can also be rescinded by the trial Court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.

Gattupalli Ujwal Vs State of Andhra Pradesh and Ors on 30 Oct 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/28103125/

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Gattupalli Ujwal Vs State of Andhra Pradesh and Ors Look Out Circular Notices Rajesh Sharma and ors. Vs State of UP and Anr Sumer Singh Salkan Vs Asstt Director and Ors | Leave a comment

Leena Rakesh Vs Bureau of Immigration on 20 Jun 2022

Posted on July 1 by ShadesOfKnife

 

Leena Rakesh Vs Bureau of Immigration on 20 Jun 2022
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Leena Rakesh Vs Bureau of Immigration Look Out Circular Notices | Leave a comment

Noor Paul Vs Union of India and Ors on 05 Apr 2022

Posted on May 31 by ShadesOfKnife

A division bench of Punjab and Haryana High Court held as follows,

(57) In our opinion, non-supply of a copy of the LOC to the subject of the LOC at the time the subject is stopped at the airport for travel abroad, non-supply of reasons for issuing LOC , and absence of a post decisional hearing to the subject of the LOC, is not just, fair and reasonable procedure. It is violative of Art.21 of the Constitution of India.

Noor Paul Vs Union of India and Ors on 05 Apr 2022

Citations :

Other Sources :

https://legiteye.com/in-cwp-5492-2022-om-punj-hc-non-supply-of-copy-of-look-out-circular-to-person-travelling-abroad-is-not-fair-and-reasonable-procedure-holds-ph-hc-justices-ramachandra-rao-harminder-singh-madaa/

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Look Out Circular Notices Noor Paul Vs Union of India and Ors Right to Travel | Leave a comment

Vikas Chaudhary Vs Union of India and Ors on 12 Jan 2022

Posted on May 31 by ShadesOfKnife

Single Judge Bench of Delhi High Court held as follows,

What clearly emerges is that in the aforesaid case, the Court was dealing with a situation, where a FIR had already been lodged and a criminal investigation was ongoing against the person against whom the LOC had been issued. The same was the situation in S. Martin v. Deputy Commissioner of Police SCC OnLine Mad 426. In the present case, as has already been noted, no proceedings under any penal law have, in fact, been initiated against the petitioner. These decisions are therefore, clearly distinguishable and do not, in any manner forward the case of the respondents.

Vikas Chaudhary Vs Union of India and Ors on 12 Jan 2022

Citations : [2022 SCC ONLINE DEL 97]

Other Sources :

https://indiankanoon.org/doc/172206187/

https://www.casemine.com/judgement/in/61e011eb9fca1952d4e03e62

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Legal Procedure Explained - Interpretation of Statutes Look Out Circular Notices Reportable Judgement or Order Vikas Chaudhary Vs Union of India and Ors | Leave a comment

Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010

Posted on May 15 by ShadesOfKnife

Hon’ble Delhi High Court had issued certain guidelines to be followed for issuing Look Out Circulars.

A. Recourse to LOC can be taken by investigating agency in cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing in the trial court despite NBWs and other coercive measures and there was likelihood of the accused leaving the country to evade trial/arrest.

B. The Investigating Officer shall make a written request for LOC to the officer as notified by the circular of Ministry of Home Affairs, giving details & reasons for seeking LOC. The competent officer alone shall give directions for opening LOC by passing an order in this respect.

C. The person against whom LOC is issued must join investigation by appearing I.O or should surrender the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. LOC can be withdrawn by the authority that issued and can also be rescinded by the trial court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.

D. LOC is a coercive measure to make a person surrender to the investigating agency or Court of law. The subordinate courts’ jurisdiction in affirming or cancelling LOC is commensurate with the jurisdiction of cancellation of NBWs or affirming NBWs.

Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010

Citations : [2010 JCC 4 2401], [2010 ILR DEL 6 706], [2010 DMC 2 666], [2010 CCR 4 134], [2010 SCC ONLINE DEL 2699]

Other Sources :

https://indiankanoon.org/doc/26846768/

https://www.casemine.com/judgement/in/56ea8d9d607dba371ebca94a

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Issued or Recommended Guidelines or Directions or Protocols to be followed Justice Shiv Narayan Dhingra Landmark Case Legal Procedure Explained - Interpretation of Statutes Look Out Circular Notices Reportable Judgement or Order Sumer Singh Salkan Vs Asstt Director and Ors | Leave a comment

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