"Issuance of LoC Cannot Be Justified Solely on Grounds of Difficulty in Investigation and Trial"

This Court opines that LoC can be issued in cases where the accused is deliberately evading summons/arrest or did not appear in trial Court or where such person fails to appear in Court despite a Non-Bailable Warrant. In the instant case there is no such ground raised by the respondent No. 3. This Court finds no objective parameter for the issuance of LoC against the petitioner since there is no cogent reason for presuming that the petitioner would not cooperate with the investigation, since there is no cogent reason for presuming that securing petitioner's presence for the purpose of investigation and trial would become very difficult. The pleas put forth by Respondent No. 3 at paragraph No. 30 of the counter affidavit are unsustainable and rejected. This Court opines that LoC cannot be issued against the petitioner on the basis of the grounds and pleas put forth by the respondent in the Counter affidavit filed by the Respondent No. 3 at Paragraph Nos. 19, 20, 25, 26 and 30 (referred to and extracted above) and the said pleas are without any justification and hence untenable.