IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
H. Mahendar, S/o. S. Hari – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. details of the look out circular and allegations (Para 1 , 2 , 3) |
| 2. arguments against the loc and petitioner's status (Para 4 , 6) |
| 3. government's stance on loc and legal procedures (Para 5 , 7) |
| 4. court's justification for cancelling the loc (Para 8) |
| 5. conclusion and disposal of the petition (Para 9) |
ORDER :
M. NIRMAL KUMAR, J.
1. The petitioner filed this writ petition seeking a direction to the respondents to withdraw the Look Out Circular (LOC) issued against the petitioner in connection with F.I.R.No.84 of 2020 by the fourth respondent and quash the LOC permitting the petitioner to have free access to travel.
2.The contention of the petitioner is that the petitioner is a Green Card Holder and working as Chief Executive Officer in a company named “NVIDIA” at United States of America (USA). The petitioner moved to United States in the year 2005 for higher studies and later got employed and settled in USA. The petitioner used to visit India whenever it is possible to take care of his aged parents and to spend time with them. While so, a complaint dated 27.03.2019 lodged against the petitioner, his mother and others making allegation of impersonation for a transactio

The issuance of Look Out Circular against a person not accused in a closed case is improper and violates the fundamental right to travel.
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 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.
The issuance of a Look Out Circular requires substantial justification; lack of cooperation or involvement justifies review and potential withdrawal.
The issuance of a Look Out Circular must align with legal provisions, respecting the individual's fundamental right to travel.
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