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        Case ID :

        2026 (1) TMI 774 - HC - Indian Laws

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        Look Out Circulars require concrete risk of flight or evasion; cooperative conduct and compliance made the restraint unsustainable. A Look Out Circular was quashed because the record did not show evasion of investigation or any concrete likelihood of flight from justice. 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.

                            Look Out Circulars require concrete risk of flight or evasion; cooperative conduct and compliance made the restraint unsustainable.

                            A Look Out Circular was quashed because the record did not show evasion of investigation or any concrete likelihood of flight from justice. The petitioners had cooperated with the investigating agencies, joined investigation when required, and supplied the documents and information sought; no non-bailable warrants or other coercive process had been issued. Past foreign travel on court permission, without breach of conditions, further undermined any apprehension of non-return. The writ petitions therefore succeeded, and the travel restriction was lifted subject to informing the Trial Court of residence and travel itinerary.




                            Issues: Whether the Look Out Circular opened against the petitioners was liable to be quashed in the absence of any showing that they were evading investigation or likely to flee the country.

                            Analysis: The petitioners had been cooperating with the investigating agencies, had joined the investigation whenever required, and had furnished the documents and information sought. No non-bailable warrants or other coercive process had been issued against them. The circumstances noted for issuance of a Look Out Circular, as recognised in the governing principles, were therefore not established. Past foreign travel by the petitioners on court permission, without breach of conditions, also negatived the apprehension that they would not return or would evade the process of law.

                            Conclusion: The Look Out Circular could not be sustained and was quashed.

                            Final Conclusion: The writ petitions succeeded, and the petitioners were relieved from the travel restriction, subject to informing the Trial Court about their residence and travel itinerary.

                            Ratio Decidendi: A Look Out Circular is a coercive restraint justified only where the person is evading arrest or investigation, or there is a concrete likelihood of flight from justice; mere pendency of investigation, without such circumstances, is insufficient.


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