Case Note & Summary
The Petitioner, a Singapore citizen, was arraigned as an accused in FIR No. 225 of 2019 under Section 420 read with Section 34 of the Indian Penal Code, 1860, based on allegations of fraud made by M/s. A. P. Trading. The dispute pertained to commercial transactions and alleged cheating of approximately ₹3.5 crores. A Lookout Circular dated 12 December 2019 was issued by the Bureau of Immigration at the instance of Azad Maidan Police Station. The Petitioner was arrested at Sardar Vallabhbhai Patel International Airport, Ahmedabad, on 13 August 2024, and his passport, OCI Card, and mobile phone were seized. An 'A' Summary Report in the FIR had already been accepted by the learned Metropolitan Magistrate on 16 June 2020. In Criminal Writ Petition (St.) No. 17757 of 2024, the High Court declared the arrest and judicial custody orders illegal on 5 September 2024, but did not stay the investigation. The Petitioner's subsequent application for return of belongings and permission to travel was rejected by the Magistrate and the Additional Sessions Judge, and his Writ Petition No. 587 of 2025 was withdrawn with liberty on 8 April 2025. The present petition sought quashing of the Lookout Circular, release of passport and OCI Card, and permission to travel abroad. The State opposed the petition, arguing that the allegations were serious, the petitioner induced the complainant by misrepresentation, and releasing him would hamper investigation because co-accused were outside India. The Petitioner contended that he had fully cooperated with the investigation, his arrest had been declared illegal, his personal liberty was impacted, and he could not be held hostage under the pretext of a pending investigation. During the hearings, the Petitioner filed an affidavit with detailed undertakings, including deposit of INR 7,50,000 as security, original title deed of property worth approximately ₹80,00,000, obligation to reside only at a specified Singapore address, fortnightly reporting to the Indian Embassy in Singapore, and intimation of any change of address within 72 hours. The Investigating Officer verified and accepted these undertakings. The Court noted that the State could not provide any indicative time frame for concluding the investigation, and that continuing the Lookout Circular would cause irreparable harm. The Court held that the petitioner's right to personal liberty and travel could not be curtailed indefinitely without trial. The final operative order is not included in the provided excerpt, but the Court's reasoning clearly favoured granting relief.
Headnote
A) Criminal Procedure - Lookout Circular - Quashing of LOC - Indian Penal Code, 1860, Section 420, Section 34 - The Petitioner, a Singapore citizen and accused in FIR No. 225 of 2019 for cheating, sought quashing of LOC issued at the instance of Azad Maidan Police Station; the Court considered that 'A' Summary Report was accepted, arrest was declared illegal, and Petitioner cooperated with investigation; Held that continuing LOC would cause irreparable harm and restrain personal liberty without trial (Paras 3-9). B) Constitutional Law - Personal Liberty - Passport and OCI Card Release - Indian Penal Code, 1860, Section 420, Section 34 - The Petitioner's passport and OCI Card were seized upon arrest at airport; the Court noted the investigating officer was satisfied with undertakings including deposit of INR 7,50,000, property title deed, fortnightly reporting to Indian Embassy, and address disclosure; Held that such assurances secure presence and justify release of travel documents (Paras 6-10). C) Criminal Procedure - Undertakings for Travel - Conditions for Suspension of LOC - Indian Penal Code, 1860, Section 420, Section 34 - The Petitioner offered detailed undertakings to secure presence for investigation and trial; the Court observed that the State could not provide time frame for completion of investigation due to co-accused outside India; Held that Petitioner cannot be held hostage under pretext of pending investigation when security furnished (Paras 4, 8-10).
Issue of Consideration
Whether Lookout Circular issued against the Petitioner should be quashed or suspended; whether the seized passport and OCI Card should be released; whether the Petitioner should be permitted to travel abroad pending investigation and trial
Final Decision
The Court expressed satisfaction that continuing the LOC would cause irreparable harm; the final operative order is not included in the provided text.
Law Points
- Lookout Circular cannot be continued indefinitely where arrest declared illegal and accused cooperated
- Personal liberty of foreign national cannot be curtailed without trial
- Undertakings and security sufficient to secure presence justify suspension of LOC
- 'A' Summary Report acceptance does not automatically quash LOC but supports relief
- State unable to provide investigation time frame weighs in favour of accused
- Irreparable harm if LOC remains in force
