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Tag: Look Out Circular Notices

Judgments about Look Out Circular Notices

Posted on March 25 by ShadesOfKnife

A short collection of judgments about Look Out Circular Notices.

  1. Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010 [DHC: issued certain guidelines to be followed for issuing Look Out Circulars]
  2. S.Martin Vs The Deputy Commissioner of Police on 21 Feb 2014 [MadHC: LOC can be withdrawn by the authorities concerned, who issued the same.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]
  3. Gattupalli Ujwal Vs State of Andhra Pradesh and Ors on 30 Oct 2019 [APHC: Follows Sumer Singh Salkan Vs Asstt Director and Ors on 11 Aug 2010]
  4. Vikas Chaudhary Vs Union of India and Ors on 12 Jan 2022 [DHC: No LOC may be issued when no proceedings under any penal law have, in fact, been initiated]
  5. Noor Paul Vs Union of India and Ors on 05 Apr 2022 [PHHC: 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 and therefore it is violative of Art.21 of the Constitution of India]
    • However, the said directions are currently stayed by the Hon’ble Supreme Court in Bank of India v. Noor Paul S.L.P.(C) No. 7733/2022.
  6. Leena Rakesh Vs Bureau of Immigration on 20 Jun 2022 [KarHC: ]
  7. Yerramilli Srinivas Vs State of Telangana and 2 Ors on 09 Jan 2023 [TSHC: Practice of Telangana Police in not sending delete LOC requests to BoI, after a competent Criminal Court grants bail to an accused]

 


MASTER INDEX is here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Look Out Circular Notices Summary Post | Leave a comment

Yerramilli Srinivas Vs State of Telangana and 2 Ors on 09 Jan 2023

Posted on October 8, 2024 by ShadesOfKnife

A single judge bench of Telangana High Court deprecated the practice of Telangana Police in not sending delete LOC requests to BoI, after a competent Criminal Court grants bail to an accused.

From Paras 7 and 8,

7. This Court has gone through the Circular that was issued by the respondents pursuant to the order passed by this Court. By and large, in criminal matters, particularly under Section 498-A IPC., where a complaint is given by wife and husband is residing abroad, without making even an effort to reach the person by way of e-mail or whatever communication, and without even coming to a conclusion that the said person is trying to avoid the investigation, police are straight away issuing the Look Out Circular, by that time, accused would not even be knowing that a case is registered against him by the respondents. In respect of accused persons who are outside the country, the police shall make an endeavour to communicate about the pending case to the said person. Recourse to LOC shall not be resorted to by the respondents in non-cognizable offences under IPC. or in any other laws if accused is not evading arrest or has not failed to appear before the Court. Necessarily issuing the Look Out Circular will affect the person’s right to movement and the respondents shall be very careful while opening the LOC and resort to it in compelling and extraordinary circumstances. Secondly, in the report that is filed by the Director General of Police, it is stated that LOC will be continued basing on their satisfaction whether the person is going to cooperate with the investigation or not. When once an accused is granted bail by the Court or a notice under Section 41-A Cr.P.C. is issued by the police, if the police have apprehensions about his non-cooperation with the investigation or trial, it is always open to the police to make an appropriate Application before the Court concerned for imposing a condition that the person be directed not to leave the country. Once the bail is granted, the respondent police cannot continue the LOC without further recourse to the Court. In every case, the police are opening the LOCs. and keeping it pending forever and causing irreparable loss and hardship to the accused who in some cases has no intention to evade the investigation. The other difficulty that has been expressed in several cases is that the respondents are not leaving a toll-free or a specific number with BOI. They are generally giving the number of the concerned Station House Officers and sometimes, if they do not pick up the calls, the person is made to wait for hours together in the Airport. The respondent police shall take appropriate steps to evolve procedure or they shall see that some mechanism is in place such as centralised 24 x 7 service to attend the calls in respect of LOC from Bureau of Investigation so that if the immigration has to contact the concerned they will be able to reach out and the inconvenience caused to the concerned may be minimised. Wherever LOCs. are opened, the respondent police shall review the same once in three months and in cases where bail is granted, they shall immediately close the LOCs. The officer concerned who fails to inform the BOI is responsible and if he fails to address the letter to BOI, appropriate action shall be initiated against him for the said lapses. The Courts have to always balance the interest of the accused as well as the societal interest.

8. Fundamental right of the citizen in the democratic setup plays a pivotal role. The Hon’ble Apex Court in Maneka Gandhi v. Union of India1 interpreted the scope of Article 21 in the widest possible manner. The fundamental rights of a citizen can only be curtailed by a procedure known to law. The police while issuing the look out circular has to be very cautious. The circular directions issued by the Director General of Police shall be scrupulously followed. The Director General of Police apart from issuing the circular shall also see that it is implemented and fix the accountability.

Yerramilli Srinivas Vs State of Telangana and 2 Ors on 09 Jan 2023

Citations:

Other Sources:

https://indiankanoon.org/doc/162671944/

https://www.casemine.com/judgement/in/659eb9c767795103e653e2bd

https://www.the-laws.com/Encyclopedia/browse/Case?CaseId=823202811000&Title=YERRAMILLI-SRINIVAS-Vs.-STATE-OF-TELANGANA

https://lawsuitcasefinder.com/casedetail?id=U2FsdGVkX19hrqxZBmhqLvP3mplo2JtpfyJa3CjqW3EDUUMgs5


Index of judgments about Look Out Circular Notices is here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Landmark Case Look Out Circular Notices Reportable Judgement or Order Yerramilli Srinivas Vs State of Telangana and 2 Ors | Leave a comment

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

Posted on July 5, 2022 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/

https://www.casemine.com/judgement/in/5ac5e4104a93261a672d99d2

 


Index of judgments about Look Out Circular Notices is here.

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, 2022 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/


Index of judgments about Look Out Circular Notices is here.

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, 2022 by ShadesOfKnife

 

Leena Rakesh Vs Bureau of Immigration on 20 Jun 2022

Citations:

Other Sources:

 


Index of judgments about Look Out Circular Notices is here.

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, 2022 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://indiankanoon.org/doc/56219635/

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/


Index of judgments about Look Out Circular Notices is here.

 

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, 2022 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


Index of judgments about Look Out Circular Notices is here.

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, 2022 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


Index of judgments about Look Out Circular Notices is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to 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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