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Madras High CourtWP/46402/2025disposed of with direction

D.Ramesh v. The Assistant Director / Sic

2025-11-27Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.51753 of 2025 D.Ramesh ... Petitioner Vs.

1.The Assistant Director/SIC, Bureau of Immigration, Ministry of Home Affairs (MHA), Government of Inida, East Block-VII, Level-5, R.K.Puram, New Delhi-110 066.

2.Superintendent of Police, CBCID, Chennai-600 008.

3.Inspector of Police, CBCID, Nagapattinam District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of Indian praying issuance of a Writ of Mandamus directing the 1st respondent to keep the look out circular in abeyance against the petitioner passport no.X9441880 on the file of the respondents herein issued by the Central Government of India by considering the petitioners representation dated 11.11.2025 not to proceed further with any coercive steps to secure the ends of justice.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Ms.M.P.Jaisha, Central Government Standing Counsel for R-1

ORDER

This Writ Petition has been seeking a direction to the 1st respondent to not to proceed further with the look out circular issued in respect of the petitioner by considering his representation dated 11.11.2025.

2. Ms.M.P.Jaisha, learned Central Government Standing Counsel takes notice on behalf of the 1st respondent. Mr.S.Balaji, learned Government Advocate (Crl.Side) takes notice on behalf of the 2nd and 3rd respondent.

3. It is the case of the petitioner that, though the petitioner is no way connected with the crime in connection with Crime No.2 of 2024 pending on the file of the 3rd respondent, a look out circular has been issued in respect of his name despite the petitioner having obtained anticipatory bail in Crl.O.P.No.32427 of 2024 vide order dated 06.01.2025 thereby the petitioner made a representation dated 11.11.2025 to the respondents seeking revocation of the look out circular. However, the said representation has not been considered so far. Hence, the petitioner has come up with the present Writ Petition.

4. Learned counsel appearing for the petitioner submits that if the petitioner's representation is not considered favourably, he would be greatly prejudiced and therefore, it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation dated 11.11.2025 and pass orders on the same on merits within the time that may be stipulated by this Court.

5. Per Contra, learned Government Advocate (Crl.Side) appearing for respondents 2 & 3 submitted that there is a criminal case pending against the petitioner in C.C.No.295 of 2025 on the file of the Chief Judicial Magistrate, Mylapore registered by the 3rd respondent which was the reason for issuing the look out circular. If at all the petitioner wants to travel abroad, he has to make appropriate application before the court concerned where the criminal case in pending against him seeking permission to travel abroad. Instead of which, filing a Writ Petition before this Court is not sustainable and therefore, the prayer sought for in this Writ Petition cannot be acceded to.

6. In view of the stand taken by the learned Government Advocate (Crl.Side), this Court without expressing any opinion on the merits of the case grants liberty to the petitioner to make appropriate application before the court concerned where the criminal case is pending against him seeking permission to travel abroad in the event the petitioner wishes to travel abroad.

M.DHANDAPANI, J

7. The Writ Petition stands disposed of in the above terms. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. 27.11.2025 Index: Yes/No Speaking/Non-Speaking Order To 1.The Assistant Director/SIC, Bureau of Immigration, Ministry of Home Affairs (MHA), Government of Inida, East Block-VII, Level-5, R.K.Puram, New Delhi-110 066.

2.Superintendent of Police, CBCID, Chennai-600 008.

3.Inspector of Police, CBCID, Nagapattinam District.

and W.M.P.No.51753 of 2025

M.DHANDAPANI, J This Petition has been listed under the Caption "For being mentioned" at the instance of Registry.

2. It is brought to the notice of this Court by Registry that, in the preamble portion of the order dated 27.11.2025, though Mr.S.Balaji, Govt.Advocate (Crl.Side) appeared for respondents 2 & 3, his appearance has inadvertently been omitted to be marked and hence, it is prayed that necessary corrections may be made in the said order.

3. In view of the above, the appearance of Mr.S.Balaji, Government Advocate (Crl.Side) for Respondents 2 & 3 shall stand recorded in the preamble portion of the order dated 27.11.2025.

4. Registry is directed to carry out the aforesaid corrections in the order dated 27.11.2025 and issue fresh order copies to the parties. 04.02.2026

M.DHANDAPANI, J.

04.02.2026