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        Case ID :

        2022 (7) TMI 1541 - HC - Indian Laws

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        Court Orders Police to Withdraw Unjustified Look Out Circular After Bail Compliance and Travel Permission Granted. The HC ruled that the Look Out Circular against the petitioner was unjustified after he complied with bail conditions and obtained travel permission. The ...
                        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.

                              Court Orders Police to Withdraw Unjustified Look Out Circular After Bail Compliance and Travel Permission Granted.

                              The HC ruled that the Look Out Circular against the petitioner was unjustified after he complied with bail conditions and obtained travel permission. The police were ordered to withdraw the Circular and notify all relevant parties within three weeks. The Writ Petition was disposed of without costs, closing any pending miscellaneous petitions.




                              Issues:
                              Challenging the issuance of a Look Out Circular by respondent Nos. 2 and 3 against the petitioner without due process of law.

                              Analysis:
                              The petitioner challenged the Look Out Circular issued by the police against him in connection with a case filed by respondent No.5. The police registered a case against the petitioner for offenses under Sections 498-A, 307, and Dowry Prohibition Act. The petitioner, a resident of the U.K., was shown as absconding as he was not in the country during the charge sheet filing. The petitioner applied for anticipatory bail, which was granted, directing him to surrender before the concerned Court. The Sessions Judge granted bail to the petitioner on the condition of surrendering his passport and not leaving India without permission. The petitioner was later granted permission to travel to the U.K., but the Look Out Circular prevented him from doing so.

                              The Assistant Government Pleader argued that the Look Out Circular was issued due to pending NBWs against the petitioner and restrictions imposed by the Court on traveling abroad. However, the basis for the Look Out Circular was the pending NBWs, which were recalled upon the petitioner's return to India and subsequent bail and travel permission granted. The police continued the Look Out Circular without valid reasons, as confirmed by the lack of circumstances for its continuation in the police's counter.

                              The Court found no justification for the continuation of the Look Out Circular once the petitioner had complied with the bail conditions and obtained permission to travel abroad. The police were directed to withdraw the Look Out Circular and inform all concerned parties within three weeks of the order. The Writ Petition was disposed of with no costs awarded, and any pending miscellaneous petitions were closed.
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