P.Manikandan v. The Commissioner (Immigration)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR WP.No.4137 of 2021 & WMP.No.4719 of 2021 P.Manikandan ... Petitioner

Versus

1.The Commissioner (Immigration), East block VIII, 11 V Sector 1 R.K.Puram, New Delhi - 110 066.

2.The Foreigners Regional Registration Officer (FRRO), Shastri Bhawan, Annexe Building 26, Haddows Road, Nungambakkam, Chennai - 600 006.

3.State Represented by the Deputy Commissioner of Police Law & Order, Coimbatore City, (in C.No.226/Camp/DC L&O/CBECITY/2019, dated 01.11.2019, Coimbatore).

4.The Inspector of Police, All Women Police Station East, Coimbatore East, in Cr.No.02/2019. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari calling for the records in impugned order pursuant to the Look Out Circular, issued by the third respondent / Deputy Commissioner of Police, Law and Order in C.No.226/Camp/DC L&O/CBECITY/2019, dated 01.11.2019 Coimbatore, herein and quash the same.

For Petitioner :

Mr.S.Ramesh Kumar For Respondents :

Mr.K.Ramanamoorthy, Central Government Standing Counsel for R1 & R2 Mr.M.Mohamed Riyaz, Additional Public Prosecutor for R3 & R4

O R D E R

The petitioner is the accused in Crime No.2 of 2019 dated 21.02.2019, proceeded along with his parents for the offences punishable under Sections 498(A), 406, 506(ii) and 294(b) of IPC. There are also matrimonial cases filed by the defacto complainant against her estrange husband / petitioner.

2. According to the petitioner, the third respondent had issued a Look Out Circular in C.No.226/Camp/DC L&O/CBECITY/2019, dated 01.11.2019, due to which, great agony and hardship have been caused to the petitioner. Pursuant to the Look Out Circular, the petitioner unable to appear in HMOP.No.485 of 2019, which is pending on the file of the Family Court, Coimbatore. The Look Out Circular was issued when the petitioner approached this Court in Crl.OP.No.21009 of 2019 seeking Anticipatory Bail. The case was referred to Mediation Centre, subsequently, based on the Look Out Circular, this Court dismissed the Criminal Original Petition. Hence, sought for quash of the Look Out Circular.

3. Mr.K.Ramanamoorthy, learned Central Government Standing Counsel appearing for the respondents 1 and 2 submits that the petitioner's apprehension is ill founded. On verification of records of the respondents 1 and 2, it is found that there is no Look Out Circular issued by the Immigration Authorities. This was informed to the petitioner in LR1/CC/FRRO/CH/2021(4137).1292 dated 08.03.2021, wherein, the Foreigners Regional Registration Office had categorically stated that there is no such Look Out Circular issued against the petitioner.

4. In view of the same, nothing survives for further adjudication in this matter. Accordingly, this petition is dismissed.

No Costs.

Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mbi 1.The Commissioner (Immigration), East block VIII, 11 V Sector 1 R.K.Puram, New Delhi - 110 066.

2.The Foreigners Regional Registration Officer (FRRO), Shastri Bhawan, Annexe Building 26, Haddows Road, Nungambakkam, Chennai - 600 006.

3.The Deputy Commissioner of Police Law & Order, Coimbatore City.

4.The Inspector of Police, All Women Police Station East, Coimbatore East.

+1cc to Mr.S.Ramesh kumar , Advocate SR.No. 25612 WP.No.4137 of 2021 & WMP.No.4719 of 2021 A.SK(28.04.2021)