Decided on January 01,1992

AZHAR ALAM Appellant


- (1.)These two petitions seek a mandamus declaring the look-out notices published as illegal.
(2.)The counter-affidavits filed disclose that several cases are pending against the two petitioners-8 cases in one and 11 cases in the other-including attempt to murder and rioting, for want of their appearance and, therefore, non-bailable warrants have been issued against them by the Criminal Courts for execution. In their endeavour to apprehend the petitioners, the police have issued the impugned look-out notices.
(3.)It is to be noticed that under Section 75 of the Code of Criminal Procedure, the police executing the warrant of arrest shall notify the substance thereof to the person under arrest and under Section 77 the warrant may be executed anywhere and at any place in India. In the present case, inasmuch as the petitioners were not being traced, in order to execute the arrest warrants, the police in their endeavour to execute the same have published the impugned look-out notices informing the public that the petitioners are rowdy-sheeters being potential and dangerous rowdies and detrimental to public safety and order and that they are out of view since August, 1990 and, therefore, if they are seen, the police, Nallakunta may be informed. These notices thus are patently intended to find out the whereabouts of the petitioners with the help of the public besides cautioning the public of the danger behind their non-apprehension. The main purpose behind the impugned notices is to execute the NBWs, by arresting the petitioners. This power to trace the petitioners against whom NBWs are pending execution is incidental to besides being imbided in Section 77 Cr.P.C. As per the powers conferred under Sections 75 and 77 Cr.P.C., it is the duty of the police to trace the accused and execute the warrants. Therefore, while discharging such duty to trace the accused, the police issued look-out notices to find out the accused. In no way, it infringes the Fundamental Right of the petitioners. The act of the police is only to trace the petitioners to make them submit before the Court to face the trial, under due process of law. Further, the issuing of look-out notices for tracing and producing the petitioners before the Court, their liberty is in no way curtailed. Therefore, the issue of lookout notices cannot be said to be in violation of Article 21 of the Constitution of India, and the same are immune from being challenged in the light of Article 21. As a matter of fact, no decision on the question of legality of the impugned notices in these writ petitions is warranted to view of the fact that subsequent to the publication of the notices, the petitioners have been attending the Court and the purpose of publication has been served; still keeping in view the clouds broughtin at the instance of the petitioners behind the power to issue the impugned notices, a pronouncement was felt necessary and accordingly the issue is resolved.

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