Prem Nishanth.S v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Prem Nishanth ... Petitioner Vs.

1.The Regional Passport Officer, Office of the Regional Passport Office, Rayala Towers, No.2 and 3, IV Floor, Old No.785, 158, Anna Salai, Triplicane, Chennai-600 001.

2.The Deputy Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, Tirunelveli District, Tirunelveli.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the second respondent to withdraw the lookout circular against the petitioner with regard to the petitioner's Passport No.W9433449 and from preventing the petitioner for travelling abroad and detaining and arresting in any immigration (entry or exit) point in Indian and interfering with his freedom of movement. 1/5

For Petitioner : Mr.T.Antony Arulraj For Respondents : Mr.M.Karthikeyavenkitachalapathy Central Government Standing Counsel for R1 Mr.T.Senthilkumar Additional Public Prosecutor for R2 & R3

O R D E R

The petitioner has approached this Court seeking a direction to the second respondent to withdraw the lookout circular as against the petitioner. 2.The petitioner is facing a trial in C.C.No.185 of 2024 before the learned Judicial Magistrate No.I, Tirunelveli, for the offence under Sections 504 and 509 of IPC and Section 4 of TNPHW Act, 2002. It appears that the petitioner is working in abroad and the defacto complainant is a very influential person and therefore, the investigation agency has made a request for issuing a Lookout circular as against the petitioner.

3.The learned counsel for the petitioner submits that while he was not aware of the case and when he returned to India, he was arrested and he was instructed to execute a bond before the concerned Judicial Magistrate and he has also appeared before the learned Judicial Magistrate and has executed a 2/5

bond. He further submits that he will give assurance that he will appear before the trial Court as and when required by the Trial Court and co-operate for the trial, which is pending in C.C.No.185 of 2024. 4.Considering the conduct of the respondent police in seeking a Lookout circular in such a nature of cases, this Court is inclined to allow the writ petition and to quash the Lookout circular, which is pending against the petitioner. However, the petitioner has to file an affidavit before the concerned Court and also ensure that he will available for the trial in C.C.No.185 of 2024. 5.This Writ Petition is allowed accordingly. No costs. Index :Yes/No 13.06.2024 Internet : Yes/No sji To 1.The Regional Passport Officer, Office of the Regional Passport Office, Rayala Towers, No.2 and 3, IV Floor, Old No.785, 158, Anna Salai, Triplicane, Chennai-600 001.

2.The Deputy Superintendent of Police, Tirunelveli District, Tirunelveli.

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3.The Inspector of Police, Tirunelveli District, Tirunelveli.

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

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B.PUGALENDHI,J.

sji 13.06.2024 5/5