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Madras High CourtCRL OP/14642/2016closed

Rajasekhar, v. The Deputy Commissioner Of

2016-07-21Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.14642 of 2016 Rajasekhar ..

Petitioner Vs 1.The Deputy Commissioner of Police, Coimbatore City, Coimbatore-641 018.

2.The Inspector of Police, B-10, Selvapuram Police Station, Coimbatore.

3.Foreigner Regional Registration Officer, Bureau of Immigration, Ministry of Home Affairs, Shasthri Bhavan, College Road-Annex Building, Nungambakkam, Chennai.

4.Foreigner Regional Registration Officer, O/o.Foreigner Regional Registration Officer, 2nd Floor, Airlines Building, CIAL Nedumbassery, Cochin Airport, Kochi-683 111.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents to withdraw the Lookout Circular issued against 1. Rajasekar [Passport No.H4414683], 2. Viswanathan Pillai [Passport No.K4342164] and

3. Shyamala [Passport No.K1054772] in relation to Cr.No.237 of 2015 on the file of the 2nd respondent Police, Coimbatore District.

For Petitioner : Mr.I.Abrar MD Abdullah For R1 and R2 : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondents to withdraw the Look Out Circular issued against 1. Rajasekar [Passport No.H4414683], 2. Viswanathan Pillai [Passport No.K4342164] and 3. Shyamala [Passport No.K1054772] in relation to Cr.No.237 of 2015 on the file of the 2nd respondent Police, Coimbatore District.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondents 1 and 2 and perused the materials placed on record.

3. On 14.07.2016, this Court had passed the following order:

" It appears that on the complaint given by one Devaki, the respondent police registered a case in Crime No.237 of 2015 for the offence under Sections 497, 498(A), 420 and 506(ii) IPC against the petitioner and his parents viz., Viswanathan Pillan and Shyamala. During the investigation, the first and second respondent police have issued a Look Out Circular to apprehend the petitioner and his paresnts at the Airport, whenever, they attempt to leave the country. Investigation in Crime No.237 of 2015 was completed and final report was filed in C.C.No.318 of 2015 before the learned Judicial Magistrate No.V, Coimbatore, against the petitioner and his parents and they were acquitted of the charges by the learned Judicial Magistrate No.V, Coimbatore, on 15.04.2016, despite which, the Look Out Circular appears to subsist, on account of which, the petitioner and his parents are not able to leave the country.

2. In view of the above, the first and second respondents are directed to immediately withdraw the Look Out Circular on or before 20.07.2016.

Post for reporting compliance on 21.07.2016."

4. Today, when the matter was called, Mr.Rajapandian, Inspector of Police, D-2, Selvapuram Police Station, Coimbatore City is present.

5. Learned Additional Public Prosecutor produced the communication dated 19.07.2016 issued by the Deputy Commissioner of Police, Law and Order, Coimbatore City to the Foreigner Regional Registration Officer [FRRO], Nungambakkam, Chennai, which reads as under.

"It was requested to issue a Look Out Circular against one Rajasekar, S/o.Viswanathan Pillai, Door No.D-97, 3rd Avenue, Anna Nagar, Chennai bearing valid Indian Passport No.H4414683, his father Viswanathan Pillai [D.O.B.22.06.1947] S/o.K.Narayanan, Door No.D-97, 3rd Avenue, Anna Nagar, Chennai and Syamla, W/o.Viswanathan Pillai, Door No.D-97, 3rd Avenue, Anna Nagar, Chennai are concerned in Coimbatore City Police, B10 [Now D2] Selvapuram PS Cr.No.237/15 u/s 497, 496[A], 420, 506 [i] IPC. LOC was issued vide the order second cited. It was requested to cancel the LOC on the

above said accused persons. In the above letter the Passport numbers of Viswanathan Pilli and his wife Syamala were not mentioned. Their Passport numbers are 1] Viswanathan Pillai - K4342164 and 2] Symala - K1054772. Hence it is requested to cancel the LOC on the above said accused persons and the LOC need not to be maintained further. Since the case was disposed off in the court."

6. From the above, it is seen that the lookout notice has been withdrawn by the authorities. Recording the same, this petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gya To 1.The Deputy Commissioner of Police, Coimbatore City, Coimbatore-641 018.

2.The Inspector of Police, B-10, Selvapuram Police Station, Coimbatore.

3.Foreigner Regional Registration Officer, Bureau of Immigration, Ministry of Home Affairs, Shasthri Bhavan, College Road-Annex Building, Nungambakkam, Chennai.

4.Foreigner Regional Registration Officer, O/o.Foreigner Regional Registration Officer, 2nd Floor, Airlines Building, CIAL Nedumbassery, Cochin Airport, Kochi-683 111.

5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.I.Abrar MD Abdullah, Advocate, S.R.No.41203 SCD(CO) EU(22/07/2016) CRL.OP.No.14642 of 2016