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.

ORDER :

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

“…..to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in issuing Look Out Circular dt. 23.02.2025 against the Petitioner based on the Crime No.289 of 2024 of Mahila Police Station, Visakhapatnam and the same is numbered as C.C.No.1824 of 2025 on the file of I Addl. Chief Judicial Magistrate at Visakhapatnam as illegal and contrary to law and an abuse of authority and process of law and consequently to direct the Respondents to withdraw the Look Out Circular dt. 23.02.2025 issued against the Petitioner basing on Crime No 289 of 2024 of Mahila Police Station, Visakhapatnam now the same is numbered as C.C.No.1824 of 2025 on the file of I Addl. Chief Judicial Magistrate at Visakhapatnam forthwith…..”

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

3. The petitioner is accused No.4 in C.C.No.1824 of 2025 for the offences under Sections 85 , 318(2) of BNS and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner has travelled to USA in 2018 and returned to London on 19.09.2024. The petitioner was at London as on the date of the complaint made by the de facto complainant.

4. Learned counsel for the petitioner submits that the petitioner and her child are permanent residents of United Kingdom and they are intending to travel to London. He further submits that by virtue of the look out notice issued by the respondents the petitioner is expressing threat from the respondents and seeking to quash the look out notice issued to her.

5. On the other hand, learned Assistant Government Pleader, on instructions, submits that the petitioner has appeared before the Mahila Police Station and NBWs that were pending against the petitioner were recalled and charge sheet is filed before the I Additional Chief Judicial Magistrate, Visakhapatnam and submits that the presence of the petitioner is required before the competent jurisdictional Court for trial.

6. In reply, learned counsel for the petitioner submits that the petitioner is ready to appear before the Court as and when her presence is required and prays to quash the Look Out Circular issued against her. In support of his submission, learned counsel for the petitioner 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 (LOC) has not been defined anywhere legally. In Sumer Singh Saikan Vs. Assistant Director’s case in W.P. (Crl.) No. 1315 of 2008 and Crl. Ref. No. 1 of 2006, High Court of Delhi held that 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 if there is any likelihood of accused leaving the country to evade trial/arrest and only in those circumstances, LOC can be opened as against the accused therein. It is trite that the recourse can be had for issue of LOC by the police only in drastic contingencies. Without there being any proper procedure followed, coming to conclusion, to issue LOC is bad. It is not that the accused is not cooperating with the trial or is evading arrest. In W.P. No.12687 of 2022, dated 02.05.2022, this Court held as hereunder:

“POINT: I gave my anxious consideration to the above respective submissions. It is trite that the recourse can be had for issue of LOC only in extreme cases where the investigating agency establishes that the accused in cognizable cases deliberately evaded arrest or not appeared despite issuing of NBW and other coercive measures and also that there was every likelihood of accused absconding fro