Madras High CourtWP Crl./684/2025disposed of

M.Arunachalam v. The State Rep By Inspector Of Police

2025-08-26Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Arunachalam ... Petitioner Vs.

1. The State rep. By Inspector of Police, Vadapalani Police Station, Chenai - 600 026

2. P.Natarajan ... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to withdraw the look out circular issued pursuant to the FIR in Crime No.129 of 2025 on 19.05.2025 and permit the petitioner to arrive in India from USA. For Petitioner : Mrs.A.L.Gandhimathi Senior Counsel for Mr.L.Palani Muthu For Respondents : Mr.N.Alagu Narayanan for M/s RRN Legal counsel for R2 Mr.R.Vinothraja for R1 Government Advocate (Criminal Side)

O R D E R

This Writ Petition has been filed seeking a direction to the 1st respondent to withdraw the look out circular issued pursuant to the FIR in Crime No.129 of 2025 on 19.05.2025 as against the petitioner. 1/4

2. Heard the learned counsel appearing for the petitioner, learned counsel appearing for the 2nd respondent and the learned Government Advocate (Criminal Side) appearing for the 1st respondent and perused the documents placed on record.

3. According to the petitioner, an FIR has been registered in Crime No.129 of 2025 pursuant to the direction of the learned XVII Metropolitan Magistrate, Saidapet, for alleged sale of the undivided share in the land to an extent of 259 Sq.Ft., out of a total extent of 2079 Sq.Ft., for offence under Sections 316(2) and 318(4) of BNSS Act. Further, on the request of the Investigation officer, now, look out circular has been issued on 29.06.2025. Moreover, the offence is with regard to the sale of the property and the petitioner is also a bonafide purchaser.

4. The learned Government Advocate (Crl.Side) appearing for the 1st respondent, on instructions, submitted that he will suspend the Look Out Circular by providing necessary requisition to the Ministry of Home Affairs and the petitioner may be directed to appear before the investigation officer after proper notice being issued by the 1st respondent. 2/4

5. It is relevant to note that the complaint against the petitioner is that flat has been constructed in the car parking area and the petitioner had purchased it by forging the documents in the corporation, the same has to be decided on the basis of the documents, now in view of the look out circular, the petitioner is not in a position to come to India even for medical treatment.

6. In such view of the matter, the 1st respondent shall issue necessary direction making a request to the Ministry of Home Affairs to suspend the Look Out Circular for the petitioner. On arrival of the petitioner, the 1st respondent police shall issue notice under Section 35(3) of BNSS Act and on such notice, the petitioner shall appear before the 1st respondent Police and produce documents.

7. With the above direction, the present Petition is disposed of. 26.08.2025 Note: Registry is directed to issue order copy on 28.08.2025 To The State rep. By Inspector of Police, Vadapalani Police Station, Chenai - 600 026 3/4

N. SATHISH KUMAR , J.

ssd 26.08.2025 4/4