Andhra Pradesh High Court warns against routine LOCs in matrimonial cruelty cases

Amaravati,UPDATED: Feb 18, 2026 18:06 IST

The Andhra Pradesh High Court has expressed concern over investigating agencies “mechanically” issuing Look Out Circulars (LOCs) in matrimonial cruelty cases, observing that such circulars curtail a person’s personal liberty and are increasingly being opened without assessing whether the accused is cooperating with the investigation or evading arrest.

A bench comprising Justice K Sreenivasa Reddy made the observation while setting aside an LOC issued against a man who was arrested at Visakhapatnam airport upon his arrival from Dubai, where he works as an electrical technician. The man had returned to India to attend court proceedings in a case filed by his estranged wife under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (earlier Section 498-A of the Indian Penal Code), and Sections 3 and 4 of the Dowry Prohibition Act.

The petitioner submitted that the LOC was issued despite his regular appearance in court. He argued that because of the LOC, he was unable to leave India and rejoin his job in Dubai, even after being released on bail upon furnishing sureties. The issuance of the LOC, he contended, interfered with his fundamental right to personal liberty and free movement.

“By virtue of opening of the Look Out Circular, personal liberty of the person is curtailed. The LOCs are only circular instructions issued by the police with a view to detain a person or to ensure that he cooperates with the trial. Of late, in each and every case registered under Section 498-A IPC, it has become common for the police, without looking into whether the person is cooperating with the trial or evading arrest, to open the LOCs in a mechanical manner,” the High Court said.

The court further noted that LOCs are necessary in cases involving grave offences, financial irregularities, crimes against society, or allegations that may be detrimental to the nation. However, it observed that issuing LOCs merely on the registration of a case under Section 498-A IPC can severely impact an accused person’s career, particularly as matrimonial disputes often end in compromise or take a long time to reach final hearing.

“In the case on hand, the offence alleged is under Section 498-A IPC and the offence is not so grave. If the petitioner is not permitted to travel abroad as part of his employment, by virtue of opening the LOC, he would suffer irreparable loss. These aspects have to be seen on the touchstone of Article 21 of the Constitution of India,” the court said.

The High Court accordingly set aside the LOC issued against the petitioner.

- Ends

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