Court rules that arbitrary LOC issuance in Section 498A cases violates fundamental rights and career prospects.
In a significant ruling, the Andhra Pradesh High Court has quashed the Look-Out Circular (LOC) issued against Lagubeeru Venkata Arun Kiran, an Electrical Technician based in Dubai, in connection with a matrimonial dispute involving allegations under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 498A IPC) and provisions of the Dowry Prohibition Act. Justice K. Sreenivasa Reddy presided over the case, delivering the judgment on February 4, 2026.
The petitioner, Arun Kiran, had been apprehended at the Visakhapatnam Airport due to an LOC issued against him, despite his consistent cooperation with ongoing judicial proceedings. He was temporarily detained and later released on sureties. The LOC had been preventing him from returning to Dubai, risking his job.
The court examined the issuance of LOCs in matrimonial cases and emphasized that such measures should not be applied arbitrarily. Justice Reddy noted that LOCs must be reserved for grave offences or situations where an accused is evading judicial processes. The judgment highlighted that the arbitrary issuance of LOCs infringes upon personal liberty, a fundamental right under Article 21 of the Constitution of India.
The court referred to the guidelines issued by the Ministry of Home Affairs, which specify that LOCs should be issued in cases where an individual's departure could be detrimental to national security, sovereignty, or India's strategic interests. The judgment found that the petitioner's situation did not meet these criteria, as he had been attending court proceedings and cooperating with investigations.
In light of these considerations, the court ruled in favor of Arun Kiran, quashing the LOC and allowing him to return to his employment in Dubai. The court underscored the need for careful consideration before issuing LOCs in matrimonial disputes to prevent undue harm to an individual's career and personal freedoms.
This ruling sets a precedent for similar cases, emphasizing the protection of fundamental rights against arbitrary administrative actions.
Bottom Line:
Look-Out Circular (LOC) - Issuance in matrimonial offence cases such as those involving Section 498A IPC (Section 85 of Bharatiya Nyaya Sanhita, 2023) and Dowry Prohibition Act - LOC should not be issued arbitrarily; police must consider whether the accused is cooperating with the investigation or evading arrest - LOC issuance must be reserved for grave offences or matters detrimental to the nation, not routine matrimonial disputes.
Statutory provision(s): Constitution of India, Article 21, Section 85 of Bharatiya Nyaya Sanhita, 2023 (Section 498A IPC), Dowry Prohibition Act, Ministry of Home Affairs Guidelines on Look-Out Circulars.
Lagubeeru Venkata Arun Kiran v. Union of India, (Andhra Pradesh) : Law Finder Doc id # 2850427
