Single Judge Bench of Delhi High Court held as follows,
Vikas Chaudhary Vs Union of India and Ors on 12 Jan 2022
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.
Citations : [2022 SCC ONLINE DEL 97]
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