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Madras High CourtCRL OP(MD)/9993/2019dismissed

S. Anthony Vincent Jeyakumar v. The Superintendent Of Police

2019-07-16Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.9993 of 2019 S.Anthony Vincent Jeyakumar ... Petitioner Vs.

1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, All Women Police Station, Lalgudi, Trichy.

Crime No.3 of 2012

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to withdraw the lookout circular issued against the petitioner in connection with the Crime no.3 of 2012 on the file of the second respondent and consequently direct first respondent to communicate the order of lifting of travel restriction imposed in pursuant to the above said lookout circular to the imigration offices. For Petitioner : Mr.M.Karunanithi For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking direction to the first respondent to withdraw the lookout circular issued against the petitioner in connection with Crime No.3 of 2012.

2. The grievance of the petitioner is that based on the complaint given by his wife, a FIR has been registered against the petitioner by the second respondent in Crime No.3 of 2012 for the offences punishable under Section 498(A), 294(b) and 506(i) IPC. Since the petitioner is residing in Singapore and is employed there, he could not come to India. In the above circumstances, lookout circular has been issued against the petitioner. Aggrieved over the same, the petitioner has filed the present petition.

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3. The learned Government Advocate (Crl.Side) appearing for the respondents, on instructions, would submit that based on the complaint given by the petitioner's wife a crime has been registered and final report has also been filed before the learned Judicial Magistrate, Lalgudi on completion of investigation. The learned Magistrate has also taken cognizance and the same is pending in C.C.No.8 of 2019. Summons were also issued to the petitioner. The petitioner came back to India only now and hence the prayer sought by the petitioner cannot be granted.

4. I have heard the rival submissions on either side.

5. Admittedly a criminal case has been registered against the petitioner. If at all the petitioner wants to travel abroad, he can only approach the concerned Magistrate seeking permission to travel to abroad. Instead of that, he can not file a petition seeking to withdraw the lookout circular issued against him. Hence, the relief sought for by the petitioner in the present case is not maintainable. Accordingly, this Criminal Original Petition is dismissed. However, it is always open to the petitioner to approach the learned Magistrate by filing necessary application seeking permission to travel to abroad. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ta To 1.The Superintendent of Police,Trichy District, Trichy. 2.The Inspector of Police,All Women Police Station, Lalgudi, Trichy.

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

+1cc to Mr.M.KARUNANITHI,Advocate, SR.No.76138 Crl.O.P.(MD)No.9993 of 2019 16.07.2019 NA (30.07.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/