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Madras High CourtWP/2740/2013dismissed as infructuous

Chandran Ratnaswami v. The State Of Tamilnadu

2022-02-03Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.02.2022

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH W.P.No.2740 of 2013 and M.P.No.1 of 2013 Chandran Ratnaswami Rep. by Power Agent Ravichandran .. Petitioner Vs 1.The State of Tamil Nadu Rep. by the Inspector of Police District Crime Branch Erode 2.The Superintendent of Police Erode, Tamil Nadu 3.The Immigration Officer Mumbai International Airport Mumbai 4.The Deputy Superintendent of Police District Crime Record Bureau Tiruppur, Tamil Nadu 5.The Superintendent of Police Tiruppur, Tamil Nadu 6.Ministry of Home Affairs Bureau of Immigration South Block, New Delhi-1 7.KC.Palanisamy .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus forbearing the 5th respondent and the 6th respondent including its constituent offices at all airports from acting upon the nonbailable arrest warrant dated 27.09.2012 issued against the petitioner individually and as representative of O.R.E Holdings

Limited and Odyssey America Reinsurance Corporation, in respect of C.C.No.162 of 2012 pending upon the file of the Judicial Magistrate No.III, Erode and the alleged Look Out Notice dated 09.01.2013 issued by the 5th respondent or from in any manner restraining/restricting the petitioner's entry into or exit out of India and consequently direct respondents 4 - 7 to jointly and severally pay the petitioner a sum of Rs.10 crores as compensation for his illegal detention on 22.01.2013. For Petitioner : No appearance For RR1, 2, 4 & 5 : Mr.R.Muniyapparaj Additional Public Prosecutor For RR3 & 6 : No appearance For R7 : Mr.V.Raghavachari

O R D E R

This writ petition has been filed praying for issuance of a writ of mandamus forbearing the respondents 5 and 6, including its constituent offices at all airports from acting upon the non-bailable arrest warrant dated 27.09.2012 issued against the petitioner individually and as a representative of O.R.E Holdings Limited and Odyssey America Reinsurance Corporation, in C.C.No.162 of 2012 on the file of the Judicial Magistrate Court No.III, Erode and the alleged Look Out Notice dated 09.01.2013 issued by the 5th respondent or from in any manner restraining the petitioner's entry into or exit out of India and consequently direct the respondents 4 to 7 to jointly and severally pay the petitioner a sum of Rs.10 crores as compensation for his illegal detention on 22.01.2013.

2. There is no representation for the petitioner on the previous hearing and therefore, this matter was posted today under the caption "for dismissal". Today also, there is no representation for the petitioner.

3. However, Mr.R.Muniyapparaj, learned Additional Public Prosecutor filed a status report dated 29.01.2022 of Ms.K.Dhanalakshmi, Inspector of Police, DCB, Tiruppur District, wherein, in paragraphs 4 and 5, it is stated as follows : "4. It is submitted that the case in C.C.No.162 of 2012 on the file of the learned Judicial Magistrate No.III, Erode, was quashed by this Hon'ble Court in

Crl.O.P.No.2166, 3141, 2282, 2283 of 2013 dated 05.09.2014 based on the judgment of the Hon'ble Supreme Court in Civil Appeal No.4540 of 2013 arising out of SLP.(C).No.13120 of 2013. Meanwhile, a letter vide C.No.129/DCRB-TPR/2013 dated 10.05.2013 sent to the Joint Deputy Director /SIC, IB Headquarters, New Delhi regarding to delete the name of the petitioner from the Look Out Circular (LOC) and by letter vide No.2/SIC/2013(1)-1648, it was communicated that the name of the petitioner was deleted on 04.06.2013.

5. It is submitted that since the main criminal case in C.C.No.162 of 2012 itself was quashed, the Look Out Notice was deleted. Hence, this writ petition has become infructuous."

In the light of the fact that C.C.No.162 of 2012 on the file of the Judicial Magistrate Court No.III, Erode, has been quashed, the Look Out Circular issued in connection with the said C.C.No.162 of 2012, cannot survive.

In view of the above, this writ petition is dismissed having become infructuous. No costs. Connected Miscellaneous Petition stands closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar gya To 1.The Inspector of Police District Crime Branch Erode 2.The Superintendent of Police Erode, Tamil Nadu 3.The Immigration Officer Mumbai International Airport Mumbai

4.The Deputy Superintendent of Police District Crime Record Bureau Tiruppur, Tamil Nadu 5.The Superintendent of Police Tiruppur, Tamil Nadu 6.Ministry of Home Affairs Bureau of Immigration South Block, New Delhi-1 7.The Public Prosecutor, High Court, Madras.

Copy To The Judicial Magistrate No.III, Erode.

W.P.No.2740 of 2013 SRA(CO) GN(15/02/2022)