Single bench of AP High Court held as follows based on Sumer Salkan decision here.
Gattupalli Ujwal Vs State of Andhra Pradesh and Ors on 30 Oct 2019In 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 LOC can be withdrawn by the authority that issued and can also be rescinded by the trial Court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.
Citations :
Other Sources :
https://indiankanoon.org/doc/28103125/
