Mohammed Tanveer v. The Deputy Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 19706 of 2021 Mohammed Tanveer ... Petitioner Vs.

1.The Deputy Commissioner of Police, Office of the Deputy Commissioner, Kilpauk, Chennai - 600 010.

2.The Deputy Director, Bureau of Immigration (BoT), East Block - VIII, RK Puram, New Delhi - 66.

3.The Inspector of Police, All Women Police, Vepery, Chennai - 600 007.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 to cancel the look out circular issued by the second respondent and permit the petitioner herein to travel to Bahrain without restraining him in any immigration (entry or exit) point in India by considering petitioner's representation dated 07.10.2021.

For Petitioner : Mr.W.Camyles Gandhi For Respondents: Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 & 2 to cancel the lookout circular issued by the second respondent and permit him to travel without any immigration point in India based on the petitioner's representation dated 07.10.2021.

2. The learned counsel for the petitioner has submitted that the FIR has been registered in Cr.No.4 of 2021 for the offence under Sections 498(A) and 406 of IPC as against the accused persons. He further submitted that the accused person filed Anticipatory Bail before this Court and obtained Anticipatory Bail. Thereafter, they complied with the said conditions as directed by this Hon'ble Court in Crl.OP.No.17725 of 2021 dated 23.09.2021. Even then, the second respondent did not take any steps to arrest the accused person and also did not take any steps to bring the accused person from abroad.

3. The learned Government Advocate (Crl.Side) submitted that it is a criminal case, in which, the impugned reference circular was issued by the second respondent, it cannot be entertained.

4. Considering the facts and circumstances of the case, the second and third respondent, at this stage, are directed to withdraw the report as against the petitioner in Crime No.4 of 2021 forthwith.

5. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar drl To 1.The Deputy Commissioner of Police, Office of the Deputy Commissioner, Kilpauk, Chennai - 600 010.

2.The Deputy Director, Bureau of Immigration (BoT), East Block - VIII, RK Puram, New Delhi - 66.

3.The Inspector of Police, All Women Police, Vepery, Chennai - 600 007.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.W.Camyles Gandhi, Advocate SR.No.33677 Crl.O.P.No. 19706 of 2021 GPL(CO) GMY(22/06/2022)