If Police Investigation Reveals No Involvement Of Accused In Alleged Offence, Continuing LOC Would Violate Fundamental Rights: Rajasthan HC
Rajasthan High Court has directed the quashing of Look Out Circular and standing arrest warrant issued against the petitioner, who was not found to be involved in the alleged offence by the police, ruling that when the police itself was not interested in prosecuting her, continuation of the LOC would amount to violation of her fundamental rights under Article 21 of the Constitution.
The bench of Justice Anoop Kumar Dhand was hearing a petition filed by a son and a mother against whom an FIR was filed alleging cruelty against women challenging the order that rejected their application to withdraw the LOC against them.
After the filing of the FIR against the petitioners, at the time of the investigation, LOC as well as standing arrest warrants were issued against both of them. Subsequently, no involvement of the mother was found to be proved and therefore, the investigating office wrote a letter to the public prosecutor that an application had to be filed for recalling the arrest warrant.
As highlighted by the Court while perusing the record that it was not clear whether such application was filed or not and even if filed, whether the said application was decided or not. Under these circumstances, the petitioners approached the trial court for withdrawal of the LOC as well as the arrest warrants but the same was rejected on the ground that such application was filed by the IO and the same shall be decided. However, no such application was decided by the trial court.
After hearing the contentions of the petitioners, the Court highlighted that no involvement of the mother was found by the investigating officer and hence, the prosecution was not inclined to prosecute her. Hence, the LOC as well as the arrest warrant against her were liable to be recalled.
The Court further observed that no conditions existed that warranted opening of an LOC against the mother, neither there was any pending investigation against her.
“It is the settled proposition of law that the LOC can be opened against the accused person who is deliberately evading arrest and not appearing in the trial Court despite non-bailable warrants and other coercive measures. Coupled with either of these conditions, should be a likelihood of the accused leaving the country to evade the trial/arrest. None of these conditions exist in the instant case qua the petitioner No.2…Neither any investigation is pending against her nor any charge-sheet has been submitted against her and the Investigating Officer himself has submitted an application for recalling of her standing arrest warrant”
In this background, the Court opined that fundamental rights played a pivotal role in the democratic set-up and ruled that continuation of the LOC against the mother would be violative of her fundamental right of personal liberty under Article 21.
Accordingly, it was directed to quash the LOC against the mother.
Title: Sunny Jain & Anr. v State of Rajasthan
Citation: 2024 LiveLaw (Raj) 394