Telangana High Court: While allowing the instant petition preferred by the petitioner against the Look Out Circular (‘LOC') issued by the police in a domestic violence case registered against the petitioner, Lalitha Kanneganti, J., held that there is no basis for LOC after a notice has been issued under Section 41 of the Criminal Procedure Code, 1973 and when the chargesheet has already been filed.
On 30-03-2022, the complaint was registered under Sections 498-A, 323 and 506 of Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961. The petitioner, aggrieved by the issue of LOC, contends that it is in violation of his fundamental rights, and it is also illegal.
Facts:
On 31-03-2022, the police issued LOC, which was contended by the petitioner saying that there was no reason to issue LOC immediately on the next day of the filing of the complaint and without making efforts to reach him.
On 01-04-2022, a notice was issued under Section 41-A of the Criminal Code which allows the arrested person to meet an advocate of his choice during interrogation. Though the petitioner was asked to meet the police on 04-04-2022, he cooperated with the investigation. In spite of the same, the LOC that was issued against the petitioner is still continuing.
The petitioner works in Dubai and due to the pendency of LOC, he is unable to travel. Therefore, he contends that the action of the police is highly arbitrary and in a way interfering with his life and liberty.
The Court passed an order through which it was made clear that when a notice is issued under Section 41-A of the Criminal Code or whenever a bail is obtained by the accused, the concerned police will have to address a letter to the Commissioner and the Commissioner in turn will address a letter to the Immigration Authorities to close the LOC.
Observation and Analysis:
The Court observed that a notice is already issued under Section 41-A Criminal Code on 01-04-2022 and a charge sheet is already been filed, still the police are continuing with LOC, is baseless.
The Court directed the police to address a letter to the Commissioner by 29-09-2022 and then a letter to the Immigration Authorities is required to be sent by Commissioner of Police by 30-09-2022 to close the LOC issued against the petitioner.
[Goli Sai Koti Vali Prabhu v. The State of Telangana, 2022 SCC OnLine TS 1978, decided on 28-09-2022]
Advocates who appeared in this case :
Rajendra Khanna, for the Petitioner;
Government Pleader, for the Respondent.
*Kriti Kumar, Editorial Assistant has reported this brief.
