Sathik Basha v. The Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2024 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI Sathik Basha ... Petitioner Vs

1. The Union of India, Rep by its Secretary, Home Department, New Delhi.

2. The Regional Passport Officer, Trichy District, Trichy.

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

4. The Deputy Superintendent Of Police, Trichy District, Trichy.

5. The Inspector of Police, All Women Police Station, Manapparai, Trichy District.

... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to withdraw the lookout circular against the petitioner forthwith and enabling the petitioner to travel abroad for his usual place of work by not enforcing the lookout circular. For Petitioner : Mr.N.Kamesh, For R1 & R2 : Mr.K.Govindarajan Deputy Solicitor General of India For R3 & R4 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking a direction to the third respondent to withdraw the lookout circular issued against the petitioner. 2.It is very unfortunate that the police officers are using their powers to issue look out circulars only in matrimonial disputes. 2/5

However, in the cases, which require look out circulars, no such look out circulars are issued.

3.In this case, the petitioner was arrested on 12.04.2024 pursuant to the look out circular issued by the respondent police. The petitioner claims that he is working in abroad. Now, he has been arrested and released on bail. Without revoking the look out circular, he could not leave India to attend his job.

4.Therefore, the respondent police is directed to review the look out circular, which has been issued as against the petitioner. The petitioner shall give an undertaking before the respondent police stating that he will appear as and when required and after filing of the final report, he will co-operate for the trial. The respondent police, after ensuring that the petitioner will be available for trial, shall recall the look out circular. The respondent police shall also refrain from issuing look out circulars in matrimonial disputes.

3/5

5.With the above directions, this writ petition is disposed of. No costs.

16.07.2024 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The Union of India, Rep by its Secretary, Home Department, New Delhi.

2. The Regional Passport Officer, Trichy District, Trichy.

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

4. The Deputy Superintendent Of Police, Trichy District, Trichy.

5. The Inspector of Police, All Women Police Station, Manapparai, Trichy District.

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

4/5

B.PUGALENDHI , J.

LR 16.07.2024 5/5