The Bombay High Court, on August 26, 2025, presided over by Justices Ravindra V. Ghuge and Gautam A. Ankhad, quashed a Lookout Circular (LOC) issued against the Petitioner, a Singapore citizen holding an OCI card, and directed the release of his passport and OCI card. The Court held that keeping the LOC in force despite the accepted ‘A’ Summary Report and prolonged investigation would unjustly curtail the Petitioner’s liberty, particularly when he had cooperated fully with the authorities and furnished undertakings to secure his presence.
The Petitioner, being a Singapore citizen with an OCI card, was implicated in FIR No. 225 of 2019 for Cheating under Section 420 r/w Section 34 IPC over business dealings with M/s A.P. Trading.A Summary Report was accepted by the Magistrate in 2020, but a Lookout Circular (LOC) issued in 2019 was renewed and led to his arrest at Ahmedabad airport in August 2024. His passport and OCI card were seized despite this Court already declaring his arrest illegal on September 5, 2024. He remained confined in India, though he regularly attended summons and cooperated with the investigation. The Respondents opposed quashing of the LOC, stressing the gravity of allegations involving fraud of about ₹3.5 crores, contending that his release would hamper the investigation since other co-accused were abroad. It was also alleged that his wife benefited from remittances tied to the disputed transactions. However, the Respondents could not indicate any timeline for completing the investigation despite the FIR being pending since 2019.
The Court found that the Petitioner’s continued restraint caused enormous hardship given his cooperation and family/business in Singapore. It noted his affidavit of July 31, 2025, where he undertook to deposit ₹7.5 lakhs with the Registrar, furnished property security worth ₹80 lakhs, reported regularly to the Indian Embassy in Singapore, and appeared whenever required in India. These undertakings, verified by the Investigating Officer, were considered adequate to secure his presence for trial.The Bench quashed the LOC and directed release of the Petitioner’s passport and OCI card upon compliance with the affidavit conditions. It observed that keeping the LOC alive indefinitely, with the investigation at a standstill, would unjustly curtail liberty. The petition was allowed, with interim applications disposed and the Respondent’s intervention plea rejected as not maintainable.No order as to costs.
Appearances:
For the Petitioner: Advs.- Mr. Kushal Mor a/w. Mr. Marmik Shah, Ms. Aditi Rao
For the Respondents: Adv. S. V. Gavand, APP, for State and Advs-. Ishwar Nankani a/w. Mr. Jagdish Choudhary & Ors. for Intervenor
