Look Out Circulars must be issued with careful consideration of individual rights versus public interest, particularly in ongoing criminal investigations.

JUDGMENT :

Pankaj Purohit, J.

1. The present writ petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking issuance of writ of mandamus and certiorari for quashing the impugned Look Out Circular (“LOC”) issued by respondent no. 3 against the petitioner.

2. Brief facts of the case are that the present petition arises from two FIRs lodged at Police Station Buggawala, District Haridwar. The first FIR bearing No.41 of 2022 dated 10.05.2022 was registered under Sections 420, 504, and 506 of the IPC at the instance of one Mr. Praneet Kohli, alleging that the petitioner sold certain land situated in Badiwala, Haridwar, to the complainant’s son, Mr. Mudit Kohli, through forged and fabricated documents. Subsequently, a second FIR, being the present FIR No.49 of 2022 dated 15.06.2022, was registered under Sections 420, 467, 468, and 471 of the IPC, on similar allegations regarding the same parcel of land. It was alleged that the petitioner forged the signatures of the complainant, Mr. Zulfan, and his brother, Shahnawaz, to create false documents and used the same to obtain approval from the District Magistrate and to further sell the land to Mr. Mudit Kohli for a consideration of RS. 95,00,000/-. The petitioner had earlier filed a Criminal Writ Petition No.926 of 2022 seeking quashing of FIR No.41 of 2022, which was disposed of by this Court vide order dated 18.05.2022, directing the Investigating Officer to comply under the guidelines of the judgment of Arnesh Kumar Vs. State of Bihar , (2014) 8 SCC 273 . The petitioner was subsequently arrested in FIR No.49 of 2022 on 28.06.2022 and was granted bail by the learned District and Sessions Judge, Haridwar, on 12.07.2022. Thereafter, the petitioner filed a Criminal Writ Petition No.1506 of 2022 before this Court seeking quashing of FIR No.49 of 2022. Vide order dated 04.08.2022, this Court granted interim protection to the petitioner, which continues to remain in force.

3. Subsequently, the petitioner and the complainant of the first FIR, Mr. Praneet Kohli, amicably resolved their disputes and executed a settlement agreement dated 03.11.2022. Taking note of this development, the Hon’ble Supreme Court, in Special Leave Petition No.6646 of 2022, vide order dated 13.02.2023, set aside the earlier order of this Court dated 18.05.2022 and permitted the petitioner to file a fresh petition for quashing of the first FIR. The Hon’ble Supreme Court also granted interim protection for eight weeks. Meanwhile, the investigating agency moved an application for cancellation of bail granted to the Petitioner in FIR No.49 of 2022, which was dismissed by the learned First Additional District and Sessions Judge, Haridwar, by a reasoned order dated 20.07.2023. It was in this order that the petitioner first became aware of the issuance of the impugned Look Out Circular against him. Hence, this writ petition.

4. The learned counsel for the petitioner submitted that the issuance of the impugned Look Out Circular is ex facie illegal, arbitrary, and unsustainable in law. It was contended that the petitioner has not evaded or absconded from any judicial process and has been fully cooperating with the investigation. Therefore, the issuance and continuation of the LOC is without any justification. The learned counsel also submitted that the petitioner has remained co-operative throughout the investigation. He also submitted that since his arrest and subsequent release on bail on 12.07.2022, the petitioner has not been summoned even once by the investigating agency for interrogation, nor has any notice under Section 41A of the Code of Criminal