'Section 41-A CrPC Notice Issued, Chargesheet Filed': Telangana High Court Says No Basis To Continue With Look Out Circular
Directing the police to withdraw a look out circular against a man, who is an accused in a domestic violence case, the Telangana High Court in a recent verdict said there was no basis for continuing the LOC after issuance of Section 41-A CrPC notice and the subsequent filing of chargesheet.Justice Lalitha Kanneganti said the Director General of Police, on the basis of the orders passed...
Directing the police to withdraw a look out circular against a man, who is an accused in a domestic violence case, the Telangana High Court in a recent verdict said there was no basis for continuing the LOC after issuance of Section 41-A CrPC notice and the subsequent filing of chargesheet.
Justice Lalitha Kanneganti said the Director General of Police, on the basis of the orders passed previously by the court, has already issued a circular instructing that whenever Section 41-A Cr.P.C. Notice is issued or whenever the bail is obtained by the accused, concerned police shall address a letter to the Commissioner and the Commissioner in turn shall address a letter to the Immigration Authorities to close the LOC.
"It appears that though Section 41-A Cr.P.C. notice is issued on 01.04.2022 and already a charge sheet is filed, still the respondent police are continuing LOC, without any basis," said the court.
The accused had approached the court seeking quashing of the LOC issued against by the police in March. He was booked in a case registered on 30.03.2022 at Women Police Station, IT Corridor, for the offences under Sections 498-A, 323 and 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. A chargesheet has already been filed in the case.
During the hearing of the case, the High Court was informed that the LOC against the accused was issued just a day after registration of the case.
"There was no reason for the respondent police to issue LOC immediately on the next day without making efforts to reach the petitioner. A notice under Section 41-A Cr.P.C. was also issued on 01.04.2022," his counsel told the court.
The court was further told that the accused was asked to appear on 04.04.2022. Complying with the same, he appeared and cooperated with the investigation, it was submitted. "In spite of the same, the LOC that was issued against the petitioner is still continuing," advocate Rajender Khanna submitted.
According to the plea, the accused is working in AVN Technologies at Dubai and due to the pendency of LOC, he was not able to travel outside India. This action of the respondent police is highly arbitrary in a way interfering with the life and liberty of the petitioner, it was argued before the court.
Allowing the writ petition, the court said the Station House Officer, Women Police Station, IT Corridor, Gachibowli, shall address a letter to the Commissioner and the Commissioner of Police shall then address a letter to the Immigration Authorities for closing the LOC issued against the petitioner.
TITLE: Goli Sai Koti Vali Prabhu v The State of Telangana & Others
Citation: 2022 LiveLaw (Tel) 90