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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Writ Petition No. 371/2022

Rishav Khemka S/o Shri Arun Khemka

----Petitioner

Versus

Union of India & Ors.

----Respondents

For Petitioner(s) : Mr.Vipin Sharma with

Mr.Amit Kumar

For Respondent(s) : Mr.Bharat Vyas, ASG (through VC)

assisted by Mr.C.S. Sinha,

Mr.Mayank Kamwar &

Mr.Dev Yadav

Mr.Rajesh Choudhary, GA-cum-AAG

with Mr.N.S. Dhakar, PP

JUSTICE ANOOP KUMAR DHAND

Order

20/05/2026

1. It has been averred in the instant petition that one F.I.R. was

registered against the petitioner under Section 498-A and 406

IPC. When the accused was traceable, a Look Out Circular (for

short, ‘the LOC’) was issued to procure his presence/attendance

before the concerned Investigating Agency/ Jurisdictional Court.

Thereafter, the petitioner appeared before the Trial Court and

applied for regular bail. His bail application was allowed by the

Trial Court and he was enlarged on bail. Subsequently, he

submitted an application before the Trial Court, seeking

permission to travel abroad and the said permission was granted

by the concerned Court, allowing the petitioner to travel abroad.

However, when the petitioner was leaving the country, he was

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detained at the NSCBI Airport on the basis of the LOC issued

against him. The Immigration Officer instead of verifying the

genuineness of the order passed by the Court below, detained the

petitioner and did not allow him to travel abroad.

2. Looking to above peculiar facts and circumstances, an issue

has arisen before this Court with regard to ascertain the steps

required by the Authorities for withdrawal of the LOC and enquire

about the genuineness of the order passed by the Court below

with regard to granting permission to the petitioner to travel

abroad.

3. Pursuant to the order dated 11.05.2026 passed by this

Court, Senior Advocate Mr.Bharat Vyas, ASG has put in

appearance and he submits that appropriate letter would be

written to the Authorities concerned with regard to the above

issue raised in the instant criminal writ petition.

4. Considering the above peculiar facts and circumstances of

the instant case, this Court calls for the assistance of the learned

Additional Solicitor General and the learned Advocate General to

apprise this Court about Standard of Procedure (for short, “the

SOP”), prepared if any, to effectively deal with the situation which

has arisen in the instant case.

5. They seek four weeks’ time to apprise this Court regarding

the steps taken by the Authorities concerned for formulation of

such SOP to deal with the situations akin to the one arising in the

instant case and to evolve a mechanism whereby the Department

of Aviation/Airport Authorities are timely intimated regarding the

grant of regular bail to any accused person, ensuring that any LOC

issued against such accused person may be recalled forthwith.

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6. List the matter on 13.07.2026 at 2:00 PM.

(ANOOP KUMAR DHAND),J

Aayush Sharma/33

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