Zakaria Farah Mohamed v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.13412 of 2019 Zakaria Farah Mohamed

...Petitioner

Vs 1.The Commissioner of Police, O/o. The Commissioner of Police, Trichy 2.The Immigration Officer, Bureau of Immigration, Shastri Bhawan, Annexe Building, No.26, Haddows Road, Nungabakkam, Chennai-600 006 3.The Inspector of Police, Airport Police Station, Trichy

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to withdraw the Look Out Circular issued against me by the 2nd respondent relating to the Crime No.234 of 2007 on the file of the 3rd respondent Viz., The Inspector of Police, Airport Police Station, Trichy to enable him to travel abroad and return.

For Petitioner : Mr.Giri Tharan. S For R 1 to 3 : Mr.C.Iyyapparaj Additional Public Prosecutor For R2 : M/s. D. Ramesh Kumar Central Government Senior Counsel

O R D E R

The prayer in the Writ Petition is for a direction to the first respondent to withdraw Look Out Circular issue by the

second respondent herein in Crime No.234 of 2007, on the file of the third respondent herein. It is not in dispute that the Look Out Circular was issued in the year 2016.

2.Today, when the matter was called, the learned Additional Public Prosecutor, on instructions from the third respondent police, submitted that the Look Out Circular issued in the year 2016 has not been renewed thereafter. The Look Out Circular is valid only for a period of one year and when the one year period has lapsed and subsequently the renewal has not been done or a fresh Look Out Circular is issued, the respondent police or the Immigration Authority cannot rely upon the Look Out Circular issued in Crime No.234 of 2007, since the same has lapsed. 3.It is also submitted by the learned counsel for the petitioner that the purpose for which the Look Out Circular was issued has also been met and in view of various decisions of this Court including the decision in the case of Aravindh Narayanasamy Vz.

Deputy Commissioner of Police and others in W.P.No.29643 of 2017 dated 17.11.2019, the impugned Look Out Circular shall stand lapsed on this ground also. 4.In the light of the above observation, the petitioner need not have any grievance on the Look Out Circular issued in Crime No.234 of 2007 against him. In view of the same, the Criminal Original Petition stands closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vsn/sbn To 1.The Commissioner of Police, O/o. The Commissioner of Police, Trichy.

2.The Immigration Officer, Bureau of Immigration, Shastri Bhawan, Annexe Building, No.26, Haddows Road, Nungabakkam, Chennai-600 006.

3.The Inspector of Police, Airport Police Station, Trichy

4. The Public Prosecutor, High Court of Madras.

+1cc to M/s.S.Giritharan, Advocate Sr.95659 W.P.No.13412 of 2019 cp[co] srg 31/12/2019