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. 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. 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. 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.