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Issues: Whether the look-out notice issued against the petitioner was sustainable in law in the absence of material showing deliberate evasion of investigation or a likelihood of departure from the country, and what relief should follow.
Analysis: Recourse to a look-out notice is permissible in cognizable offences where the accused is deliberately evading arrest or trial and there is a likelihood of leaving the country to avoid investigation or trial. The petitioner had appeared before the investigating agency on several occasions and had also travelled abroad on multiple occasions without objection. The material before the Court did not support the apprehension that he would abscond or never return to India. In these circumstances, the notice could not be sustained in its existing form. At the same time, to secure effective investigation, the Court granted only a limited suspension to enable the petitioner to travel urgently and required his cooperation thereafter before final quashing.
Conclusion: The look-out notice was held unsustainable for want of supporting material and was ultimately quashed, with an interim suspension and conditions for cooperation in the meantime.
Final Conclusion: The petitioner obtained substantive relief against the impugned look-out notice, though the Court balanced that relief by permitting only temporary travel and by directing continued cooperation with the investigating agency before the notice was finally quashed.
Ratio Decidendi: A look-out notice may be issued only where there is credible material showing deliberate evasion of investigation or trial and a real likelihood of the person leaving the country to evade process; absent such material, the notice is liable to be quashed.