Look Out Circulars should be issued only in extreme cases where individuals are evading arrest or trial; mechanical issuance of such circulars is deemed illegal.

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ORDER :

1. This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners seeking the following relief:

“issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in issuing Look Out Circular (LOG) and continuing the same against the Petitioners under their respective passports bearing Nos. U0875805 and V2904044, in connection with Crime No. 98 of 2024 before the Mahila UPS’Visakhapatnam (7th Respondent) in spite of accepting notices U/s. 41 A Cr.PC (35 (3) BNSS) and submitting personal bonds with two sureties, is as illegal, arbitrary and unconstitutional and consequently quash the LOC issued against the Petitioners relating to the passport Nos. U0875805 and V2904044, connecting to Crime No.98 of 2024 before the Mahila UPS, Visakhapatnam.”

2. Heard the arguments of learned counsel for the petitioners and learned Government Pleader for Home, appearing on behalf of the respondents, and perused the material available on record.

3. The petitioners herein are a daughter and mother, respectively, who reside in Abu Dhabi. The brother of the petitioner got married and is living separately in Hyderabad. Meanwhile, the sister-in-law of the 1st petitioner lodged a complaint against the petitioners and her husband in Crime No.98 of 2024, dated 02.04.2024, for the offences under Section 4 98-A of the INDIAN PENAL CODE , 1860 (for short ‘the IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short ‘the DP Act’). The Immigration Authorities intercepted and took the petitioners into custody on 17.07.2025, at Hyderabad Airport. Thereafter, the 7th respondent served notices under Section 4 1-A of the Cr.P.C. on the petitioners, directing them to appear before the 7th respondent at 10:00 a.m. on 18.07.2025. The petitioners were released after submitting their personal bonds.

4. Learned counsel for the petitioners submits that 1st petitioner’s brother has performed a love marriage, and they have been residing separately at Hyderabad for 13 years. The leave obtained by the 1 petitioner appears to have expired 17.08.2025, and the vacation of her children is also scheduled to on end on 25.08.2025. The petitioners are required to travel back to Abu Dhabi; failing which, the 1st petitioner will lose her employment, and the education of her children will be compromised. Learned counsel further submits that the very issuance of Look Out Circular (LOG) against the family members in a matrimonial dispute for the offence under Section 4 98-A I.P.C. is per se illegal and the same is liable to be quashed.

5. Learned Government Pleader for Home, on instructions, submits that the petitioners were served with 41-A Cr.P.C. notice and thereafter they have appeared before the Investigating Agency on 18.07.2025. Learned Government Pleader further submits that the presence of the petitioners is required before the competent jurisdictional Court at the time of trial.

6. In reply, learned counsel for the petitioners submits that the petitioners are ready to appear before the Court as and when their presence is required and prays to quash the Look Out Circulars issued against them. In support of his submission, learned counsel for the petitioners has relied on the order, dated 09.10.2023, passed by this Court in W.P. No.16136 of 2023, wherein this Court at Para Nos.6 and 7 held as follows:

“6.......The Look Out Circular (LOG) has not been defined anywhere legally. In Sumer Singh Saikan Vs. Assistant Directors in W.P. (Crl.) No. 1315 of 2008 and Crl. Ref. No. 1 of 2006, High Court of Delhi held that LOG can be taken by investigating agency in cognizable offences under IPC or other penal