Madras High CourtCRL OP/1234/2024disposed of

Suresh Venkatachari v. The Assistant Director

2024-01-31Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Suresh Venkatachari S/o.Venkatachari ... Petitioner Vs.

1.The Assistant Director, The Directorate of Enforcement, Chennai Zonal Office-I, Nos.3 & 4, Murugesa Naicker Office Complex, 84, Greams Road, Thousand Lights, Chennai - 06.

In ECIR/CEZO-I/17/2020 2.The Chief Immigration Officer, No.26, Sastry Bhavan, Haddows Road, Nungambakkam Airport, Nungambakkam, Chennai - 600 006.

... Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the respondents to revoke the Look Out Circular issued against the petitioner.

For Petitioner : Mr.Sathish Parasaran, Senior Counsel for Mr.T.Nagin Chella Kaushik For Respondents : Mr.R.Sidharthan Special Public Prosecutor [ED] ***** 1/4

O R D E R

This petition has been filed for a direction to the first respondent to revoke the Look Out Circular issued against the petitioner.

2. Heard Mr.Sathish Parasaran, learned Senior Counsel appearing for petitioner and Mr.R.Sidharthan, learned Special Public Prosecutor [ED] appearing for respondents.

3. The first respondent has filed a reply. The first respondent has explained the entire facts of the case. The Enforcement Directorate got into the scene by virtue of the pendency of the predicate offence in Crime Nos.39 of 2019 and 282 of 2019. The Enforcement Directorate recorded a ECIR based on Crime No.39 of 2019. Ultimately, the First Information Reports were quashed in Crl.O.P.No.30980 of 2019 etc. batch by order dated 10.05.2023. Subsequently, the ECIR was also quashed by this Court in W.P.No.10901 of 2023 etc. batch by order dated 12.12.2023. In the light of this order, no proceedings are pending against the petitioner. The first respondent has filed a reply to the effect that a special leave petition has been filed before the Apex Court.

4. Taking into consideration the reply that has been filed by the 2/4

first respondent and the subsequent developments that have taken place in this case, the Look Out Circular issued against the petitioner has to be revoked. The Look Out Circular will survive only till the criminal proceedings are alive. As and when the criminal proceedings have come to an end, the Look Out Circular must also come to an end.

5. In the light of the above discussion, there shall be a direction to the first respondent to revoke the Look Out Circular issued against the petitioner forthwith and the same shall be informed to the second respondent.

This Criminal Original Petition is disposed of with the above direction.

31.01.2024 Speaking Order/Non-speaking Order Index :Yes/No gm N.ANAND VENKATESH, J.

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gm To 1.The Assistant Director, The Directorate of Enforcement, Chennai Zonal Office-I, Nos.3 & 4, Murugesa Naicker Office Complex, 84, Greams Road, Thousand Lights, Chennai - 06.

In ECIR/CEZO-I/17/2020 2.The Chief Immigration Officer, No.26, Sastry Bhavan, Haddows Road, Nungambakkam Airport, Nungambakkam, Chennai - 600 006.

3.The Special Public Prosecutor [ED], High Court, Madras.

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