Uttarakhand High Court Upholds Look Out Circular Against Asad Khan in Economic Offences Case

Court Justifies Issuance of LOC Citing Serious Nature of Offences and Risk of Absconding

In a significant decision, the Uttarakhand High Court has dismissed a writ petition filed by Asad Khan, challenging the issuance of a Look Out Circular (LOC) against him in connection with serious economic offences. The court upheld the LOC, emphasizing the gravity of the charges and the necessity to prevent any potential evasion of justice.

The case revolves around allegations of forgery and cheating involving substantial monetary transactions against Asad Khan. Two FIRs were lodged against him, accusing him of using forged documents to sell land in Haridwar for Rs. 95,00,000. Despite having resolved disputes with one complainant, legal proceedings against Khan continue under FIR No.49 of 2022.

Khan's counsel argued that the LOC was unwarranted, as he had cooperated with the investigation and had deep societal roots, negating any risk of absconding. They contended that the LOC violated Khan's personal liberty and right to travel abroad, as guaranteed under Article 21 of the Constitution.

However, the State countered these claims, asserting that the LOC was a necessary measure to ensure Khan's presence during the trial, given the serious nature of the charges. The court, after reviewing the evidence, concurred with the State's position, stating that the issuance of the LOC was neither arbitrary nor illegal.

Justice Pankaj Purohit, presiding over the case, highlighted that the right to travel abroad is not absolute and can be reasonably restricted in the interest of justice. The court noted that the investigating agency had substantial evidence and a reasonable apprehension that Khan might abscond, justifying the LOC's continuation.

The judgment references significant legal precedents, including the Supreme Court's decision in Maneka Gandhi v. Union of India, underscoring that extraordinary powers like issuing an LOC must be exercised with caution and due application of mind.

In dismissing the petition, the court reaffirmed the LOC's validity, ensuring that it remains in force to facilitate the ongoing judicial process.

Bottom Line:

Issuance of Look Out Circular (LOC) against petitioner accused in serious economic offences was held to be lawful and justified, considering the gravity of offences, ongoing investigation, and apprehension of absconding.

Statutory provision(s):  

- Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528  

- Indian Penal Code Sections 420, 467, 468, 471  

- Constitution of India Article 21

Asad Khan v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc Id # 2806914