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HIGH COURT OF UTTARAKHAND
ASAD KHAN – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
| Table of Content |
|---|
| 1. issuance of loc based on criminal allegations. (Para 1 , 2 , 3) |
| 2. arguments against the legality of loc. (Para 4 , 5 , 6 , 7 , 8 , 10) |
| 3. court's reasoning justifying loc issuance. (Para 11 , 12 , 13 , 14 , 15) |
| 4. dismissal of petition and continuation of loc. (Para 16 , 17) |
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 42
Look Out Circulars must be issued with careful consideration of individual rights versus public interest, particularly in ongoing criminal investigations.
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....
The issuance of Look Out Circulars must adhere to strict procedural guidelines and cannot infringe on personal liberty without compelling reasons.
The issuance of a Look-Out Circular must be justified; arbitrary LOCs infringe personal liberty under Article 21.
The judgment establishes the exceptional circumstances under which Look Out Circulars (LOC) can be issued, emphasizing the need for credible material and reasons to support the issuance of an LOC.
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.
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