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2021 (3) TMI 1405 - HC - Indian LawsIssuance of lookout circular - attempt to get the petitioner‟s passport impounded - assauging and harrassing the petitioner - allegation of streaming of false content in his news portal - HELD THAT:- Having perused the memorandum dated 31.08.2010 it has come to the forth that reasons for opening LOC have to be given quite categorically. The reason as assigned is pending investigations in four cases. But the police could not file the final report involving the petitioner over such a long time. In these circumstances, in the considered view of this court, the lookout notice circular could not have been issued against the petitioner inasmuch as the petitioner being a citizen of USA did not attempt to leave the territory of India in order to evade the arrest. It appears from the nature of allegations that it is not a case of extortion but an “attempt‟ which may not fall within the serious crime. Moreover, the respondents No.1 and 2 did not produce the case diary to support their case of serious fraud or commission. Since, the petitioner has undertaken before this court to inform the police the moment he would arrive at Agartala and considering his status [vice-President, American Bank], the respondents No.1, 2 and 3 are directed to withdraw the lookout notice within 24 hours from the hour of receiving a copy of this order. In the present case, no warrant of arrest issued by any court against the petitioner is pending and the petitioner is being represented by his engaged counsel. The notice under Section 41A of the Cr.P.C. was issued at a time when it was physically impossible for the petitioner to travel to India for contagion (Covid-19 lockdown). Hence, his inability to appear before the police cannot be termed as deliberate. So far the question of impounding of the passport is concerned, no case has been made out by the respondents No.1 and 2 in terms of Section 10(3) of the Passport Act. That apart, Passport Act does not authorize the Indian Passport Authority to cancel US Passport. This court cannot shut its eyes to the right of the petitioner. The action which curtails or takes away the personnel liberty has to be reasonable and proportionate and has to be considered not in the abstract or hypothetical considerations. The lookout circulars as issued against the petitioner stands quashed. As there is no contemplation of impounding of the passport by way of overstepping the authority, it is directed that without the order of the competent criminal court, the investigating agency shall not venture for taking action for impounding the passport of the petitioner as coercive measure - Petition allowed.
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