Ahmed @ Sivanesan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Ahmed @ Sivanesan ... Petitioner Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Ramanathapuram District.

2.The Superintendent of Police, O/o.The Superintendent of Police, Tanjavur District.

3.The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

4.The Inspector of Police, Athiramapattinam Police Station, Tanjavur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the respondents to withdraw the look out circular issued against the petitioner in connection with Crime No.67 of 2024 on the file of the third respondent by considering the petitioner's representation dated 23.12.2024 within time frame fixed by this Court.

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For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

ORDER

The petitioner, who was shown as accused in Cr.No.260 of 2019 for the offence under Sections 143, 341 and 283 IPC and Cr.No.2 of 2022 for the offence under Sections 143, 269, 270 and 188 IPC r/w Section 3 of Epidemic Disease Act and Section 51(b) of the Disaster Management Act, 2005, has filed the present petition seeking a direction to withdraw the lookout circular issued against him, by considering his representation dated 23.12.2024.

2.The contention of the petitioner is that the petitioner had participated in the agitation for public welfare, for which, the above said two cases were registered. Later, both cases have been closed as further action dropped.

3.The learned Additional Public Prosecutor appearing for the respondents would submit that as regards case in Cr.No.67 of 2024, the 2/4

respondent Police has not sought for any issuance of look out circular against the petitioner. Therefore, the prayer of the petitioner to recall the look out circular would not arise.

4.The petitioner's apprehension is that he has participated in the agitation only for public cause and hence, he was issued with look out circular and thereby denied the right to travel, which is the fundamental right.

5.In view of the above, the respondents are directed to consider the representation of the petitioner dated 23.12.2024 and dispose the same, within a period of three weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs. 31.01.2025 NCC : Yes / No Index : Yes / No gns 3/4

M.NIRMAL KUMAR, J.

gns To 1.The Superintendent of Police, O/o. The Superintendent of Police, Ramanathapuram District.

2.The Superintendent of Police, O/o.The Superintendent of Police, Tanjavur District.

3.The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

4.The Inspector of Police, Athiramapattinam Police Station, Tanjavur District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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