Dr. Shanmugam Palani Ragavesh v. The Regional Passport Office

2024:MHC:953

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH Dr.Shanmugam Palani Ragavesh .. Petitioner 1.The Regional Passport Officer, Anna Salai, Chennai.

2.The Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch, Sastri Bhavan, Chennai - 600 006.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus forbearing the 1st and 2nd respondent from in any manner preventing the petitioner from travelling to Kuwait under passport No.Z4849913 to take up employment, on the alleged ground that FIR No. No.RC0322023A0010, dated 10.03.2023, for alleged offence under Section 120B r/w Section 420 IPC & Section 13(2) r/w Section 13(1)(b) of the Prevention of Corruption Act, on the file of the 2nd respondent, is pending against the petitioner and also the petitioner mother is ready to give an undertaking that even if necessary by the 2nd respondent for any further investigation can be heard through 1/4

virtually or if it's necessary to appear before the officer and the petitioner will obey the Hon'ble Court Orders.

For Petitioner :

Mr.B.Harikrishnan For Respondents :

Mr.K.Srinivasan, Special Public Prosecutor (CBI) for R2 No appearance for R1

O R D E R

The Central Bureau of Investigation (CBI) has filed a counter wherein reference is made to a look out circular issued in the name of petitioner, at paragraph 4.

2. However, Mr.K.Srinivasan, learned Special Public Prosecutor appearing for the CBI would confirm that the LOC is itself rendered redundant since the presence of the petitioner was required only in the course of enquiry which has now been completed. The final charge sheet laid does not array the petitioner as an accused.

3. A copy of the LOC dated 25.11.2023 is produced. That LOC states as follows:

'This LOC shall remain in force until and unless a deletion request is received by BOI from the originator itself.'

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4. The originator in this case is the Central Bureau of Investigation and Mr.Srinivasan would assure the petitioner and the Court that instructions would be issued forthwith to the Bureau of immigration requesting deletion of the LOC. Let this be done within three (3) days from today.

5. In light of the aforesaid, the prayer of the petitioner for a mandamus forbearing the respondents for preventing the petitioner from travelling to Kuwait stands achieved by virtue of the aforesaid events and recording the same, this wit petition is closed. No costs. 26.02.2024 Index:Yes/No Speaking order Note to Registry : Upload this order on or before 27.02.2024. To 1.The Regional Passport Officer, Anna Salai, Chennai.

2.The Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch, Sastri Bhavan, Chennai - 600 006.

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DR. ANITA SUMANTH,J.

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