InSumer Singh Salkan v. Asst. Director and Others, the Delhi High Court answered certain questions on the procedure to be followed while issuing LOCs.
The Court said that recourse to LOC can be taken by the investigating agency in cognizable offences under the IPC or other penal laws, where the accused was deliberately evading arrest or not appearing in the trial court despite non-bailable warrants, and if there was a likelihood of the accused leaving the country to evade trial/arrest.
The Investigating Officer (IO) shall make a written request for the LOC to the officer as notified by the MHA circular, giving details and reasons for seeking the LOC. The competent officer alone shall give directions for opening of LOC by passing an order in this respect.
The person against whom an LOC is issued must join the investigation by appearing before the IO, should surrender before the court concerned or should satisfy the court that the LOC was wrongly issued against him. He may also approach the officer who ordered the issuance of the LOC and explain why it was wrongly issued
An LOC can be withdrawn by the authority that issued it and can also be rescinded by the trial court before which the case against the accused is pending or having jurisdiction over the concerned police station on an application by the person concerned.
The Court said that the subordinate courts’ jurisdiction in affirming or cancelling the LOC is commensurate with their jurisdiction to cancel or affirm NBWs.
Source: Barandbench
