Faizal @ Sheik Faizal v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5663 of 2019 Faizal @ Sheik Faizal ... Petitioner Vs State represented by,

1. The Commissioner of Police, Chennai.

2. The Deputy Commissioner of Police, Central Crime Branch, Chennai.

3. The Inspector of Police, Central Crime Branch-II, Chennai.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to recall the look out circular issued against the petitioner in connection with the Crime No.39 of 2018 pending on the file of the 3rd respondent. For Petitioner :Mr.S.D.Devakumar For Respondents :Mr.M.Mohammed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents to recall the look out circular issued against the petitioner in connection with the Crime No.39 of 2018 pending on the file of the 3rd respondent.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. It is seen that the petitioner was arrested and released on bail in connection with the Crime No.39 of 2018 for the alleged offence under Sections 12(1)(b) of Passport Act and under Sections 420, 468, 471 of IPC r/w 4(1), 5(1)(a) of ITP Act. The conditions imposed by this Court in Crl.O.P.No.14256 of https://hcservices.ecourts.gov.in/hcservices/

2018 by an order dated 30.05.2018 have also been complied with by the petitioner and thereafter the conditions were relaxed by this Court in Crl.M.P.No.17531 of 2018 on 10.01.2019. Now the petitioner's passport has been returned to the petitioner. Even then, the look out circular issued against the petitioner is still pending and investigation is also pending.

4. Under these circumstances, the pendency of the look out circular would not serve in purpose. Further, it is also seen that, the petitioner, being the Director of M/s.Sorgam Yo Yo Trading, needs to travel abroad on 23.02.2019 to renew his business license.

5. Considering the facts and circumstances of the case, the 2nd respondent is directed to recall the look out circular issued as against the petitioner in connection with Crime No.39 of 2018, if the petitioner is not involved any other case. With the above direction, this Criminal Original Petition stands allowed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar ssr/dh To

1. The Commissioner of Police, Chennai.

2. The Deputy Commissioner of Police, Central Crime Branch, Chennai.

3. The Inspector of Police, Central Crime Branch-II, Chennai.

4. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.S.D.Devakumar, Advocate sr 22975. Crl.O.P.No. 5663 of 2019 SP(26/03/2019) https://hcservices.ecourts.gov.in/hcservices/