K.Nepolean v. State Rep By The Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.(Crl.) No.61 of 2025 and W.M.P.Nos.24 and 25 of 2025 K.Nepolean ... Petitioner Vs.

1. The State Rep. by The Deputy Commissioner of Police New Washermenpet, Tondiarpet Chennai - 600 081

2. The State Rep. by The Inspector of Police W-15 AWPS, Royapuram Chennai - 600 013 (Crime No.04/2024)

3. The Chief Immigration Officer No.26, Sasthiri Bhavan, Haddows Road, Nungambakkam, Chennai - 600 034

4. Jenifer ... Respondents PRAYER: Writ Petition (Criminal) filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the Look Out Circular No.01/SIC/LOC/ACK/2024/-2400015894 dated 09.10.2024 on the file of

the 3rd respondent and quash the same as arbitrary, erroneous, unsustainable in law and delete the lookout circular entries made in the petitioner's Pass Port No.S9807171 in connection with the Crime No.4 of 2024 pending on the file of 2nd respondent police so as to travel abroad freely.

For Petitioner : Mr.AR.M.Arunachalam For Respondents 1 and 2 : Dr.C.E.Pratap Government Advocate (Crl. Side)

O R D E R

This Writ Petition (Criminal) has been filed by the petitioner to quash the Look Out Circular No.01/SIC/LOC/ACK/2024/-2400015894 dated 09.10.2024 on the file of the 3rd respondent as arbitrary, erroneous, unsustainable in law and delete the lookout circular entries made in the petitioner's Pass Port No.S9807171 in connection with the Crime No.4 of 2024 pending on the file of 2nd respondent police so as to travel abroad freely.

2. The case of the petitioner is that the petitioner had been employed in Singapore since 2008. The petitioner married to the 4th respondent on 05.12.2011 and they are having two children. Thereafter, due to matrimonial dispute, the 4th respondent gave a false complaint

against the petitioner based on which, the FIR in Crime No.4 of 2024 was registered against the petitioner on 11.07.2024 for the offence under Section 498A IPC. In continuance of registration of FIR, the impugned Look Out Cirucular dated 09.10.2024 was passed passed against the petitioner by the third respondent. Earlier, the petitioner filed a petition in W.P. No.11922 of 2025 challenging the Look Out Circular and this Court by order dated 03.04.2025, gave a direction directing the second respondent to complete the investigation and file a final report within a period of eight weeks and if the second respondent fails to complete the investigation within eight weeks, the Look Out Circular shall stand automatically cancelled.

However, in the said order, the relief sought for by the petitioner regarding Look Out Circular was not dealt with. Subsequently, in compliance of the said order, the investigation has been completed and the charge sheet has also been filed before the XVI Metropolitan Magistrate, George Town, Chennai on 22.04.2025 under Ref.No.LTN 2022 0001486 C2025 00007 and the same is yet to be taken on file and therefore, the Look Out Circular is pending. While so, now the petitioner received an e-mail from his Company on 09.05.

warning notice for his absence with an ultimatum. Hence, the present petition is filed.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2 and also perused the materials available on record.

4. Since no adverse order is being passed against the respondents 3 and 4 notice to the respondents 3 and 4 is dispensed with.

5. It is seen that apart from this criminal case, the maintenance case filed by the 4th respondent which is summary in nature is also pending before IV Additional Family Court, Chennai in M.C.No.80 of 2023. Therefore, this Court is not inclined to grant the relief as sought for by the petitioner.

6. Further, this Court has already given a general direction to all the Family Courts for the disposal of the maintenance cases. Therefore, the IV Additional Family Court, Chennai is directed to dispose of the maintenance case in M.C.No.80 of 2023 within a period of three months from the date of receipt of a copy of this order.

7. With the above directions, this Criminal Original Petition is

dismissed.

13.06.2025 ksa-2 Index:Yes/No Speaking Order: Yes/No To

1. The IV Additional Family Court, Chennai

2. The Deputy Commissioner of Police New Washermenpet, Tondiarpet Chennai - 600 081

3. The Inspector of Police W-15 AWPS, Royapuram Chennai - 600 013 4.The Public Prosecutor High Court of Madras

P.VELMURUGAN,J.

ksa-2 W.P.(Crl.) No.61 of 2025 13.06.2025