Back
ARUN MONGA
Abhayjeet Singh S/o Balvinder Singh – Appellant
Versus
State of Rajasthan, Through PP – Respondent
ORDER :
1. Under challenge herein is a Lookout Circular (‘LOC’) issued against the petitioner in connection with an FIR No.239/2012, dated 9.10.2012 for the offences under Sections 323, 406 and 498-A of IPC, registered at Police Station Keshrisinghpur, District Sri Ganganagar. The said LOC has been issued by the Bureau of Immigration (‘BOI’) under instructions of the Police Officials (operating agency i.e. Office of Superintendent of Police, Sri Ganganagar, Rajasthan) pursuant to lodging of the FIR in a matrimonial dispute. FIR was registered on the basis of a police complaint filed by brother of the victim-wife, levelling allegations of assault, breach of trust and cruelty/demand of dowry.
FACTUAL NARRATIVE
2. The facts of the case in hand are both peculiar and self-explanatory.
2.1. The petitioners before this Court are the husband and elderly (senior citizens) parents-in-law of an aggrieved wife. They are being treated by her and the prosecution as though they were hardened criminals, based solely on allegations made by her brother. Pertinently, the wife herself has not filed any complaint against them. Instead, her brother lodged a police complaint on 09.10.2012 at Police Station K
The issuance of Lookout Circulars must be justified and cannot infringe upon the fundamental right to travel without sufficient grounds.
The issuance and continuation of a Look-Out Circular must be justified by compelling reasons, specifically regarding flight risk or evading justice; lack of fresh evidence can render it arbitrary.
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
The issuance of Look Out Circulars must adhere to strict procedural guidelines and cannot infringe on personal liberty without compelling reasons.
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....
An LOC, which is a coercive measure to make a person surrender and consequentially interferes with his right of personal liberty and free movement, certainly has adverse civil consequences.
The fundamental right to travel abroad under Article 21 of the Constitution of India requires a high threshold to be curtailed, and the issuance of Look Out Circulars (LOCs) should be limited to case....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
