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        Case ID :

        2020 (5) TMI 726 - HC - Indian Laws

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        Look Out Circulars can be quashed when cooperation and enforceable undertakings satisfy investigation safeguards. Look Out Circulars may be quashed when the subject has cooperated with the investigation and given enforceable undertakings to appear for further ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Look Out Circulars can be quashed when cooperation and enforceable undertakings satisfy investigation safeguards.

                          Look Out Circulars may be quashed when the subject has cooperated with the investigation and given enforceable undertakings to appear for further investigation, including through video conferencing, and to comply with agreed conditions. The article notes that, in such circumstances, the Court may balance the purpose of the circular against safeguards protecting the investigation and the complainant's interests. It also reflects that conditional relief can be granted where the stated object of the circular is satisfied by cooperation and compliance commitments, including remittance of the agreed amount.




                          Issues: Whether the Look Out Circulars issued against the petitioners were liable to be quashed, subject to compliance with stated conditions, in view of their cooperation with the investigation and their undertakings to appear through video conferencing and remit the agreed amount.

                          Analysis: The petition was under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973. The petitioners asserted that they had cooperated with the investigation, had undertaken to join further investigation through video conferencing, and were willing to remit Rs. 40 lakhs to the complainant. The respondents did not oppose the request once these undertakings were placed on record. The relief was therefore considered in a conditional form, balancing the purpose of the Look Out Circulars with the petitioners' willingness to comply with safeguards protecting the investigation and the complainant's interests.

                          Conclusion: The Look Out Circulars were quashed in favour of the petitioners, subject to compliance with the monetary payment and the undertakings to cooperate with the investigating agency.

                          Ratio Decidendi: Where the object of a Look Out Circular stands satisfied by the subject's cooperation and enforceable undertakings to attend investigation and comply with conditions, the circular may be quashed by the Court exercising writ and inherent jurisdiction.


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                          ActsIncome Tax
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