Akshaya.M v. The Foreign Regional Registration Officer (Frro)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P.(MD)No.892 of 2023 M.Akshaya ... Petitioner Vs 1.The Foreign Regional Registration Officer( FRRO), Bureau of Immigration, Ministry of Home Affair, Government of India, No.26, Haddows Road, Chennai.

2.The Chief Immigration Officer, International Airport, Madurai.

3.The Inspector of Police, All Women Police Station, Thallakulam, Madurai City.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first and second respondents to delete the entry found in their official website with regard to the existence of Look Out Circular (LOC No.2143911) which has been originally entered on 10.08.2021 pursuant to the request 1/6

made by the third respondent forthwith so as to enable the petitioner to pursue her studies and do the project on her bio-technology field from the Universities at abroad.

For Petitioner : Mr.R.Anand, For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for R3.

: No Appearance, for R1 and R2.

O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to direct the first and second respondents to delete the entry found in their official website with regard to the existence of Look Out Circular (LOC No.2143911) which has been originally entered on 10.08.2021 pursuant to the request made by the third respondent forthwith so as to enable the petitioner to pursue her studies and do the project on her bio-technology field from the Universities at abroad.

2. The learned Additional Public Prosecutor appearing for the third respondent would submit that on the basis of the requisition of the third respondent, Look Out Circular was entered and that subsequently they have not renewed nor extended.

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3.The learned counsel appearing for the petitioner would submit that as per the order of Ministry of Home Affairs, in order No.25022/20/98-F.IV, dated 27.12.2000, LOC will be automatically deleted after one year, if not reviewed and renewed by the originator in time.

4. No representation on behalf of the respondents 1 and 2.

5. When the matter was taken up on 30.01.2023, it was not the case of the respondents 1 and 2 that they have received any requisition for renewal from the third respondent.

6. The learned Additional Public Prosecutor would submit that they have not sent any requisition for renewing the LOC till now and that they are not having any objections to delete the entry.

7. The learned counsel appearing for the petitioner would submit that FIR in Crime No.25 of 2021 came to be registered against the petitioner and her family members for the offence under Sections 498(A), 406 and 494 IPC and that subsequently, final report came to be filed 3/6

before the jurisdictional Court. He would further submit that the petitioner had already obtained anticipatory bail from this Court in Crl.O.P.(MD) No.6621 of 2021, dated 06.12.2021.

8. Considering the above and also taking note of the MHA order above referred, this Court has no hesitation to hold that the LOC issued on 10.08.2021 got already lapsed and as such, the respondents 1 and 2 are bound to delete the same as there was no requisition for renewal by the third respondent. Hence, the respondents 1 and 2 are hereby directed to delete the entry found in their official website with respect to the Look Out Circular (LOC No.2143911), immediately and permit the petitioner to proceed to abroad.

9. With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 31.01.2023 NCC : Yes/No Index :Yes/No Internet : Yes/ No das Note : Issue order copy on 31.01.2023.

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To 1.The Foreign Regional Registration Officer( FRRO), Bureau of Immigration, Ministry of Home Affair, Government of India, No.26, Haddows Road, Chennai.

2.The Chief Immigration Officer, International Airport, Madurai.

3.The Inspector of Police, All Women Police Station, Thallakulam, Madurai City.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6

K.MURALI SHANKAR, J das 31.01.2023 6/6