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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUMATHI JAGADAM
Kona Shravanthi W/o Kona Syamala Rao – Appellant
Versus
Union of India, Rep. by its Under Secretary, New Delhi – Respondent
-.
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
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.
The issuance of Look Out Circulars requires adherence to proper procedure and can only be justified in serious cases where the accused evades arrest, safeguarding personal liberty.
Look Out Circulars must be issued with careful consideration of individual rights versus public interest, particularly in ongoing criminal investigations.
The issuance of a Look-Out Circular must be justified; arbitrary LOCs infringe personal liberty under Article 21.
The main legal point established in the judgment is that the issuance of a Look Out Circular should be based on exceptional circumstances and cogent reasons, and should not be resorted to in a routin....
The issuance of Look Out Circulars must adhere to strict procedural guidelines and cannot infringe on personal liberty without compelling reasons.
When no LOC was issued as pleaded by the petitioner, the question of declaring that the said LOC is illegal does not arise at all.
The issuance of Lookout Circulars must be justified and cannot infringe upon the fundamental right to travel without sufficient grounds.
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