Madras High CourtWP(MD)/8912/2021disposed of

Althaf.A v. The Superintendent Of Police

2021-04-30Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and W.M.P(MD).No.6707 of 2021 A.Althaf ... Petitioner Vs.

1. The Superintendent of Police, Kanyakumari District, at Nagercoil.

2. The Inspector of Police, All Women Police Station, Nagercoil.

Kanyakumari District.

3. The Chief Immigration Officer, Shastri Bhavan Annexe Buildings, No.26, Haddows Road, Nungambakkam, Chennai- 6.

4. The Chief Immigration Officer, 2nd Floor, Airlines Building, Cochin International Airport Ltd., Airport Post, Cochin - 683 111, Kerala.

... Respondents Prayer :

Writ Petition is filed under Article 226 of the Constitution of India, to direct the 1st respondent to withdraw the Look Out Circular in LOC Suspect No.2141400 issued against the petitioner in connection with the Crime No.37 of 2020 on the file of the 2nd respondent and consequently direct the 1st respondent to communicate the order of lifting of travel restriction imposed against the petitioner in pursuant to above said lookout circular to the 3rd and 4th respondents.

For Petitioner : Mr.G.Aravindan For Respondents : Mr.R.Srinivasan, Government Advocate (Crl.Side).

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ORDER

This petition is filed seeking a writ of Mandamus, directing the first respondent to withdraw the Look Out Circular in LOC Suspect No.2141400, issued against the petitioner in connection with Crime No.37 of 2020, on the file of the second respondent and consequently to direct the first respondent to communicate the same to the respondents 3 & 4 herein.

2. The case of the petitioners is that he married one Mohamed Sabeena in the year of 2013 and at that time, he was working in Bangalore. Later in the year 2015, he was transferred to London. They returned to India in the year 2017. Making some wordy quarrel, she gave a Police complaint, based upon which a case in Crime No.274 of 2018 was registered. similarly, the petitioner has also given a complaint against his wife, which was registered in Crime No.275 of 2018. Thereafter, the petitioner wife has also given another complaint which was registered in Crime No.37 of 2020. When he came to India on 28.03.2021 from London, at the time, he was detained by the immigration officials citing the look-out circular. Thereafter, he was brought to remand before the learned Judicial Magistrate, Mahila Court, Nagercoil. He made a request to recall the look-out notice, as mentioned above.

3. Considering the request made by the petitioner, there shall be a direction to the first respondent to consider the representation made by the petitioner, dated 19.04.2021, within a month from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) kmm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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