AI Overview...
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Look Out Notice (LOC) Issuance and Validity - LOCs should not be issued after a certain period, typically six years, as their continued validity is questionable beyond that timeframe. Courts have quashed LOCs found to be issued late or after the prescribed period, emphasizing the importance of timely issuance. For example, the Delhi High Court held that a LOC issued after six years could not be sustained Imran Alias Imlo S/O Hasanbhai Ismailbhai Kataria Throu Brother Irfan Jamalbhai Kataria VS State Of Gujarat - Gujarat, Afzal Jaffer Khan VS CBI ACB Office - Bombay.
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Accused Not Appearing Before Court - When an accused deliberately evades arrest and fails to appear despite non-bailable warrants, courts recognize this as a serious issue, impacting proceedings and the issuance of LOCs. In such cases, courts may consider issuing LOCs to apprehend absconding accused TRIDIVESH SINGH MAINI VS CENTRALBUREAU OF INVESTIGATION - Delhi.
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Role of Look Out Notices in Non-Cognizable Offenses - LOCs are generally not recommended for non-cognizable offenses unless the accused is evading arrest. The police must communicate with the accused and follow proper procedures, and courts have highlighted that LOCs should not be misused or issued unnecessarily Yerramilli Srinivas VS State of Telangana - Telangana.
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Legal Procedures and Court Responsibilities - Courts have a duty to scrutinize evidence thoroughly and ensure proper notices are issued before proceeding against an accused. They should also verify whether sufficient evidence exists to summon an individual as an accused under Section 319 of Cr.P.C. and ensure that procedural safeguards are followed V. M. Ganesan VS Joint Director, Directorate of Enforcement - Madras, Anthru @ Abdurahiman VS State of Kerala - Kerala.
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Communication and Fair Trial Rights - Courts emphasize the importance of notifying accused persons and providing them an opportunity to be heard, especially during investigations and inquiries. Failure to do so can lead to violations of rights and impact the legality of proceedings V. M. Ganesan VS Joint Director, Directorate of Enforcement - Madras.
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Legal Restrictions on Prosecutor's Role - A Public Prosecutor cannot appear for the accused after certain stages of the case, which maintains the integrity of prosecution and defense roles. This restriction ensures fairness and prevents conflicts of interest Public Prosecutor, A. P. VS Kothakapu Etreddy Venkata Reddi - Andhra Pradesh.
Analysis and Conclusion:
When an accused does not appear before the court, authorities may resort to issuing a Look Out Notice to prevent the individual from absconding or evading arrest. However, such notices must be issued within a prescribed timeframe (generally within six years) and following proper legal procedures. Courts have consistently held that LOCs should not be misused or issued arbitrarily, and their validity depends on timely and justified issuance. In cases where accused persons deliberately evade arrest, courts recognize the necessity of LOCs but also underscore the importance of procedural safeguards and communication. Overall, the issuance of LOCs is a significant tool to ensure justice but must be used judiciously, respecting legal norms and the rights of the accused.
Search Results for "Look out Notice if Acuused is Not Appearing before Court"
2020 0 Supreme(Raj) 462 • India - Rajasthan
GOVERDHAN BARDHAR
Moolya, whereby the learned trial Court has convicted and sentenced the accused,appellant as under - Facts of case in nutshell are ... has also held that if the victim does not have a strong motive to falsely involve a person charged, the court should ordinarily ... has also held that if victim does not have a strong motive to falsely involve a person charged, court should ordinarily have no ... If the totality of the circumstances appearing on the record of the case ....
2023 0 Supreme(Telangana) 28 • India - Telangana
LALITHA KANNEGANTI
It emphasized that Look Out Notices should not be resorted to in non-cognizable offenses if the accused is not evading arrest or ... Finding of the Court: The Court found that the police continued the Look Out Notice even after the petitioner was granted ... The Court also highlighted the need for police to communicate with the accused in cases involving Look Out Noti....
2014 0 Supreme(Mad) 4102 • India - Madras
V.RAMASUBRAMANIAN
appearing for Directorate of Enforcement and Additional Government Pleader appearing for State Police which is second Respondent ... - Therefore court of view that petitioners should submit themselves to enquiry under Section 8(1) - It is not as though court do ... own and to provide an opportunity of being heard even to such a person - Therefore Adjudicating Authority is obliged to issue a notice ... I have heard Mr.N.Anand Venkatesh, learned counsel appearing for th....
2020 0 Supreme(Guj) 889 • India - Gujarat
VIKRAM NATH, J.B.PARDIWALA
, the Court owes a duty on its own to look into the matter threadbare - The concerned AGP appearing for the State also as an Officer ... At times even if the Court is not getting any proper assistance from the counsel appearing in the matter on behalf of the detenue ... brought to the notice of the Detaining Authority by the Sponsoring Authority Findings of the court: It is ... At times even if the Court is not get....
2019 0 Supreme(Mad) 341 • India - Madras
M.V.MURALIDARAN
is required to consider whether any evidence is available to prosecute the person sought to be summoned as an accused and whether ... considered view learned Magistrate has not properly exercised the powers conferred under the provisions of Section 319 of Cr.P.C ... after the maintenance main channel which connects and to look after the irrigation structure in the 12000 Acres aiyacut area of ... The 1st Respondent has not appeared before this Court in spite of notice served on him, the....
2015 0 Supreme(Del) 1862 • India - Delhi
SIDDHARTH MRIDUL
appearing before the trial court. ... is deliberately evading arrest and not appearing before the trial court despite non-bailable warrants. ... is deliberately evading arrest and not appearing before the trial court despite non-bailable warrants. ... Assistant Directors & Ors., reported as (2010) ILR VI DELHI 706 to urge that a Look Out Circular (LOC) can be taken by the investigating agency in cognizable offences under IPC or othe....
• India - Crimes
RUMI KUMARI PHUKAN
crime and acted in furtherance of common intention with appellant, was rightly convicted for offence of gang rape though he did not ... conviction—Evidence of victim showed that she had been ravished sexually by force and her testimony was supported by medical report—It was not ... Indian Penal Code, 1860—Sections 448, 376(2)(g)—Gang rape—Two accused appellants trespassed into the house, forcibly drag out prosecutrix ... HRA Choudhury, learned sr. counsel appearing for the appellants as well as Mr. Bidyut Sarma, learned ....
2019 0 Supreme(Bom) 2603 • India - Bombay
RANJIT MORE, N.J.JAMADAR
Finding of the Court: The court found that the look-out-notice could not be sustained as it was issued after the period ... Ratio Decidendi: The court held that the look-out-notice could not have been issued after the period of six years from the ... The petitioner approached the court seeking the quashing of the look-out-notice. ... The decision of the Delhi High Co....
2020 0 Supreme(Ker) 458 • India - Kerala
to the notice of the accused while examining them under Section 313 Cr.P.C., the court cannot use that part of the evidence to convict ... an accused-When the compliance of Section 42(2) is an important evidence relied by the prosecution and if it is not put to the accused ... Criminal Procedure Code- Section 313-Statement of the accused- If the incriminating materials are not brought ... If the incriminating materials are not broug....
1960 0 Supreme(AP) 77 • India - Andhra Pradesh
JAGMOHAN REDDY, N.KUMARAYYA
Finding of the Court: The Court held that Shri Rama Rao was precluded from appearing for the accused in the case. ... Ratio Decidendi: The Court held that a Public Prosecutor is precluded from appearing for the accused in a criminal case after ... the Public Prosecutor, which would preclude him from appearing for the accused. ... the appeal is not maintainable and that he is entitled to change his earlier opinio....
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