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IN THE HIGH COURT OF DELHI AT NEW DELHI
RAVINDER DUDEJA, J
Surpal Cycles Pvt. Ltd. – Appellant
Versus
State of NCT of Delhi – Respondent
ORDER
CRL.M.A. 10353/2025 (Exemption)
Allowed, subject to all just exceptions.
The application stands disposed of.
CRL.M.C. 2290/2025, CRL.M.A. 10352/2025 (stay) & CRL.M.A. 10354/2025 (call of trial court record)
1. By virtue of present petition, petitioners are challenging the impugned order dated 02.04.2025, passed by the learned Chief Judicial Magistrate, upon an application filed by respondent No. 2, seeking permission to travel abroad from 05.04.2025 to 15.04.2025.
2. Vide aforesaid order, learned trial Court suspended the Look Out Circular [‘LOC’], issued against respondent No. 2 and allowed him to travel abroad, subject to imposition of certain conditions.
3. Mr. Kunal Tandon, learned Senior Advocate, has made two-fold contentions. Firstly, that there is no provision in Bhartiya Nagrik Suraksha Sanhita, 2023 [‘BNSS, 2023’], empowering the Court of Magistrate to suspend/quash an LOC, it being an administrative action of the Investigating Agency and can only be called in for judicial review by Constitutional Courts.
4. The second leg of his contention is that, it is a case of huge cheating of approximately Rs. 22 crores but the conditions imposed, in particular, condition (a.) is very
Subordinate courts have jurisdiction to suspend Look Out Circulars, and stringent conditions must be imposed for travel in cases involving significant financial fraud.
The right to travel is a fundamental right under Article 21, and restrictions must be justified with substantial evidence.
The fundamental right to travel guaranteed under Article 21 of the Constitution of India and the presumption of innocence in favor of the accused are essential considerations in imposing travel restr....
The central legal point established in the judgment is the high threshold required to deny a person the right to travel abroad, the need for a fair and just procedure in issuing and extending Look Ou....
The issuance of Lookout Circulars must be justified and cannot infringe upon the fundamental right to travel without sufficient grounds.
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