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2026 DAILYLAW 50788 (KAR)

SRI. FAISAL CHAKA v. UNION OF INDIA

WP/31858/2025 · 2026-01-23

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3864 WP No. 31858 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 31858 OF 2025 (GM-POLICE) BETWEEN: SRI. FAISAL CHAKA S/O LATE YUNUS BHAI, AGED ABOUT 31 YEARS, R/AT NO.1246, WEST VILLAGE DRIVE, SPARTANBURG, SOUTH CAROLINE, UNITED STATES-29301 …PETITIONER (BY SRI. JAVEED S, ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY SECRETARY. MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA SOUTH BLOCK, NEW DELHI, PIN CODE-110 001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3864 WP No. 31858 of 2025 2. THE BUREAU OF IMMIGRATION, MINISTRY OF HOME AFFAIRS. GOVERNMENT OF INDIA, REPRESENTED BY ITS COMMISSIONER (IMMIGRATION), EAST BLOCK- VIII, LEVAL-V, SECTOR, 1. R. K. PURAM, NEW DELHI. PIN CODE-110 066 3. THE BUREAU OF IMMIGRATION, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, REPRESENTED BY ITS JOINT DIRECTOR (IMMIGRATION), NORTH BLOCK. NEW DELHI. PIN CODE-110 066. 4. THE COMMISSIONER OF POLICE, NO.2, ALI ASKER ROAD, VASANTH NAGAR, BENGALURU, KARNATAKA. PIN CODE-560001 5. THE DEPUTY COMMISSIONER OF POLICE, INTELLIGENCE AND DCP TRAFFIC EAST #2, ALI ASKAR ROAD VASANTH NAGAR, BENGALURU KARNATAKA. PIN CODE-560001 6. THE DEPUTY COMMISSIONER OF POLICE, WHITE FIELD DIVISION #5F7, WHITEFIELD MAIN ROAD RSTAMJEE, WHITEFIELD - 3 - HC-KAR NC: 2026:KHC:3864 WP No. 31858 of 2025 BANGALORE-560066 7. HAL POLICE STATION, BENGALURU CITY, KARNATAKA PIN CODE-560037 …RESPONDENTS (BY SRI. H. SHANTHI BHUSHAN, DSGI FOR R1 TO R3; SMT. SARITHA KULKARNI, AGA FOR R4 TO R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE LOOKOUT CIRCULAR NO.50/2025 ADDRESSING TO DEPUTY DIRECTOR, BUREAU OF IMMIGRATION DATED 30/05/2025 ISSUED BY THE OFFICE OF THE COMMISSIONER OF POLICE, BENGALURU CITY IN REF NO- NO/WD/DCP/CRM/161/2025 VIDE ANNEXURE -F INTEREST OF JUSTICE AND EQUITY; TO DIRECT THE XXIX ACJM COURT AT BENGALURU IN CR. NO. 20/2024 TO RETURN THE PASSPORT OF THE PETITIONER AND PERMIT THE PETITIONER TO TRAVEL ABROAD. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2026:KHC:3864 WP No. 31858 of 2025 ORAL ORDER The petitioner is an accused in the pending criminal proceedings in CC No.73121/2025 which is commenced with the First Information Report in Crime No.20/2024 for the offences punishable under Sections 498A, 504, 506, 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The petitioner is aggrieved by the Lookout Notice dated 30.05.2025 issued by the Office of the Bureau of Immigration, Ministry of Home Affairs, Government of India - the second respondent. Mr. Javeed S, the Learned counsel for the petitioner, Mr. H. Shanthi Bhushan, the learned Deputy Solicitor General, and Ms. Saritha Kulkarni, the learned Additional Government Advocate who appears for the Police Officers from the State [the fourth to seventh respondents], are heard for final disposal. The petitioner's grievance stems from the apprehension that the impugned Lookout Notice is an - 5 - HC-KAR NC: 2026:KHC:3864 WP No. 31858 of 2025 impediment for him to travel abroad and this impediment must be removed as he is scheduled to travel in the immediate future. However, it is seen, as emphasised by Mr. H. Shanthi Bhushan that the request for Lookout Notice is from the Office of the Commissioner of Police, Bengaluru and it is because of the afore pending proceedings. Further, the petitioner contends that there was no occasion for the police to make a request for Lookout Notice only because of pending proceedings without ascertaining from the petitioner whether he would travel and that the petitioner cannot travel because passport is deposited in the pending proceedings. There could be some merit in the petitioner's grievance, but this Court is not persuaded to quash the Lookout Notice because it would be open to the petitioner, if permitted by the learned Magistrate [on his application] to travel abroad, to make a request - 6 - HC-KAR NC: 2026:KHC:3864 WP No. 31858 of 2025 with the office of the Deputy Commissioner of Police. Therefore, the petition stands disposed of with liberty to the petitioner to file an application in the pending proceedings to travel abroad directing the Deputy Commissioner of Police, Bengaluru [the fifth respondent] to communicate to the Bureau of Immigration, Ministry of Home Affairs, Government of India [the second respondent] a request for recall of the Lookout Notice immediately upon receipt of the petitioner being permitted to travel. SD/- (B M SHYAM PRASAD) JUDGE RB