- The Karnataka High Court ruled that no notice should be given to the subject of the Look out circular before it is issued.
- Harshavardhan Rao K, the petitioner, is accused of sexually abusing their son in a case filed by his estranged wife under the provisions of the Protection of Children from Sexual Offences Act.
- In May of this year, he was stopped by immigration officials at Bangalore's International Airport, who informed him that the 4th respondent (Deputy Commissioner of Police) had issued a LOC in his name in connection with the criminal case pending before the Additional City Civil & Sessions Judge, Fast Track Sessions Court, Bangalore.
- The petitioner later filed several representations seeking recall of the LOC in light of the High Court's stay of proceedings against him. Despite this, the LOC was not recalled, so he petitioned the court for a direction to issue a writ in the nature of mandamus for the recall of the LOC.
- First, the bench stated, "LOC is issued by the Police or the Court in some circumstances, and they are referred to as the originator. LOC is transmitted to the Bureau of Immigration to execute the said LOC, and the person against whom the LOC is issued is the subject of the LOC."
- The bench stated, "The object for issuance of LOC is to ensure that the subject of LOC becomes available for interrogation, trial, or any inquiry," noting that the statutory sanction for issuance of LOC can be traced back to Sections 10A and 10B of the Passports Act, 1967.
- Rejecting the petitioner's contention that a notice should be issued to the subject of the LOC prior to issuance of the LOC.
- The bench relied on the coordinate bench judgement in the case of Dr. Bavaguthuraghuram Shetty V. Bureau Of Immigration and said, "The contention of the learned counsel for the petitioner that a notice ought to be issued to the subject of the LOC prior to issuance of the LOC deserves to be rejected."
- As a result, it dismissed the petition and directed the Deputy Commissioner to consider the petitioner's representation seeking the recall of the lookout circular and issue appropriate orders within six weeks.
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