Jayalakshmi Cameron v. The Superintendent Of Police (North)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2022
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN Mrs.Jayalakshmi Cameron ... Petitioner Vs.
1. The Superintendent of Police (North), Puducherry.
2. The Station House Officer, Reddiarpalayam Police Station, Puducherry.
3. The Regional Registration Officer, Bureau of Investigation, Ministry of Home Affairs Government of India, Puducherry.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records of third respondent in his proceedings No.21/MISC/PRO/2018-1047 dated 28.11.2018 and quash the same and consequently direct the third respondent to grant the petitioner Visa extension on the basis of petitioner's representation dated 17.12.2017.
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For Petitioner : Mr.G.Jeremiah For Respondents :
For R1 & R2 : Mr.A.Alexander Government Advocate (Pondicherry) For R3 : Mr.S.S.Pajaniradja Senior Panel Counsel for Central Government
ORDER
The petitioner has filed this writ petition for the issuance of Writ of Certiorarified Mandamus to call for the records of third respondent in his proceedings No.21/MISC/PRO/2018-1047 dated 28.11.2018 and quash the same and consequently direct the third respondent to grant the petitioner Visa extension on the basis of petitioner's representation dated 17.12.2017.
2. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Government Advocate (Pondicherry) for the first respondent and the learned Senior Panel Counsel Central Government for the second and third respondents.
3. Though, the learned counsel for the petitioner would place reliance on the decision of the Hon'ble Gujarat High Court in the case of ManishKumar Ghanshyambhai Patel Vs. State of Gujarat and others, 2014 SCC Online Page No. 2 of 4
Guj 7468, I am of the view that the petitioner cannot seek for extension of Visa, as the petitioner has come on a tourist Visa purportedly on 25.09.2014. At the same time, the petitioner is facing criminal charges in Crime No.117 of 2014, which is pending on the file of the learned Judicial Magistrate No.III, Puducherry and in Crime No.05 of 2017, pending on the file of the CID Police Station, Puducherry.
4. Therefore, any relief, if the petitioner may seek, can be subject to those criminal proceedings coming to an end. Therefore, I am inclined to close this writ petition for the present with liberty to the petitioner to workout her remedy in a manner known to law against the pending criminal cases foisted against her.
5. The writ petition stands closed with the above observations. No costs. 24.11.2022 Index : Yes/No Internet : Yes/No Speaking/Non-speaking Order rgm C.SARAVANAN, J.
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rgm To
1. The Superintendent of Police (North), Puducherry.
2. The Station House Officer, Reddiarpalayam Police Station, Puducherry.
3. The Regional Registration Officer, Bureau of Investigation, Ministry of Home Affairs Government of India, Puducherry.
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