IMPORTANT POINT
The issuance of Lookout Circulars must be justified and cannot infringe upon the fundamental right to travel without sufficient grounds.

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 Keshrisinghpur, District Sri Ganganagar, accusing petitioner No.1 (the husband) and petitioners No.2 and 3 (the father-in-law and mother-in-law, respectively) of harassing his sister. He alleges that they should be held criminally liable for committing offences under Sections 323, 406 & 498-A of the IPC.

2.2. It is rather intriguing as to why the aggrieved wife herein, who is highly educated (a Doctor- physician or academician- not clear), well aware of her rights and capable of asserting the same, could not herself take any initiative to prosecute her husband and in-laws, given the nature of allegations and the suffering, which is purely personal in nature.

2.3. Trite it may sound, but only the wearer knows where the shoe pinches, yet, she chooses to maintain silence about the same. And, it is her brother who files the police complaint. The complaint being motivated at the instance of the wife’s family members and/or brother alone, cannot thus be ruled out. More of it later.

3. Relevant facts leading to filing of the instant petition are as follows :-

3.1. The complainant lodged the FIR in question stating that his sister, Dr. Jaskeerat Kaur and petitioner no.1 got married with each other on 29.01.2007. After some time, her husband, father-in-law and mother-in-law started to harass her. However, she continued with her matrimonial life. Usual allegations arising of the matrimonial acrimony have been leveled. Allegation against the husband is that, after consuming liquor, he used to beat and threaten the complainant's sister. Complainant also stated that the petitioner no.1/husband daily threatened his sister with firearms and eventually forced her to leave the matrimonial home.

3.2. Investigation ensued pursuant to the FIR, led to filing of a charge-sheet against the husband, father-in-law and mother-in-law of the victim and the trial commenced.

3.3. In the interregnum, the petitioners filed anticipatory bail applications being S.B. Criminal Misc. Bail Application No. 8566/2012 (filed by parents in-law) and S.B. Criminal Misc. Bail Application No. 485/2013 (filed by husband), which were allowed. They were granted bail by Co-ordinate Bench of this Court vide orders dated 12.12.2012 & 16. 09.2013, respectively.

3.4. The learned trial court, vide an order dated 02.07.2015 framed charges against the petitioners under Sections 406, 498-A, and 323 IPC.

3.5. The petitioners filed a revision petition assailing the framing of charges against them, same was assigned to the court of learned Additional Sessions Judge (A.S.J.), Srikaranpur. The A.S.J. vide an order dated 25.03.2016, partly allowed the revision and discharged father-in-law (Shri Balvinderjeet Singh) and mother-in-law (Jaspal Kaur) from all the offences. The charges against the husband-Abhayjeet Singh were