Excelsior Correspondent
JAMMU, Jan 9: In a petition filed by one Aman Ghelot in the much publicized J&K Bank loan scam, Justice Sindhu Sharma of Jammu & Kashmir and Ladakh High Court has quashed the Look Out Notice issued by ACB.
“It becomes evident that the LON was issued despite the absence of any precondition necessitating such a measure. An LON is a coercive measure to make a person surrender and consequentially interferes with petitioner’s right of personal liberty and free movement. It is to be issued in cases where the accused is deliberately evading summons/arrest or where such person fails to appear in court despite a Non-Bailable Warrant”, High Court said.
“In the instant case, there is no reply to the submission of the petitioner that he is always available for investigation. The respondents have not summoned him and in case, they would do so, he would appear before them. There is, as such, no cogent reason for presuming that the petitioner would not appear before the Investigation Agency or abscond, the petitioner is available for investigation since the registration of FIR in the year 2019 and hence, no case is made out for issuing the impugned LON”.
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