A.Anand (M/34 Years) v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2017

CORAM

THE HONOURABLE Mr.JUSTICE M.S.RAMESH Crl.OP.No.25293 of 2017 A. Anand .. Petitioner Vs 1.The State rep. by The Deputy Commissioner of Police, Washermenpet, Chennai.

2.The Inspector of Police, W-15, All Women Police Station, Royapuram, Chennai.

.. Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.PC, praying to call for the records and direct the 1st respondent to cancel the Look Out Circular issued against the petitioner vide RC.No.339/DCWPT/Campt/Genl/2016 dated 31.08.2016 to the Immigration Department.

For Petitioner : Mr.M. Palanivel For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records and direct the 1st respondent to cancel the Look Out Circular issued against the petitioner vide RC.No.339/DCWPT/Campt/Genl/2016 dated 31.08.2016 to the Immigration Department.

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

3. Under clause 8(i) of the office memorandum dated 27.10.2010 issued by the Ministry of Home Affairs (Foreigners Division) Government of India, all Look Out Circulars (LOC) with more than one year shall be deemed to have lapsed, unless the agency concerned specifically requests the Bureau of Investigation to continue the same. Admittedly, the LOC of the https://hcservices.ecourts.gov.in/hcservices/

petitioner was issued on 19.09.2016. In view of one year having been lapsed from the date of LOC and the continuance of the LOC has also not been ordered, it can only be declared that the LOC issued in the name of the petitioner has lapsed.

4. Since the LOC against the petitioner has lapsed, no further orders are required. It is needless to mention here that since there is no LOC pending against the petitioner as on date, it would be open to him to travel in and out of the country without reference to the LOC dated 19.09.2016. Hence, in view of the same, the respondents are not entitled to secure or prevent the petitioner from travelling in and out of the country.

With the above observation, this Criminal Original Petition stands closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar gv To 1.The Deputy Commissioner of Police, Washermenpet, Chennai.

2.The Inspector of Police, W-15, All Women Police Station, Royapuram, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.PALANIVEL, Advocate, S.R.No. 83530/17 Crl.OP.No.25293 of 2017 DK(CO) TR(30/11/2017) https://hcservices.ecourts.gov.in/hcservices/