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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUMATHI JAGADAM
Vakada Lakshmi Lavanya W/o Ravikanth – Appellant
Versus
Union of India – Respondent
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
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.
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 a Look-Out Circular must be justified; arbitrary LOCs infringe personal liberty under Article 21.
The issuance of Look Out Circulars must adhere to strict procedural guidelines and cannot infringe on personal liberty without compelling reasons.
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.
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.
Look Out Circulars must be issued with careful consideration of individual rights versus public interest, particularly in ongoing criminal investigations.
The issuance of Look Out Circular against the petitioner was found to be unjustified, emphasizing the need for maintaining an accused's rights while ensuring procedural compliance in criminal investi....
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