Kumar.K v. The Chief Immigration Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.07.2023
CORAM
THE HON'BLE DR.JUSTICE D.NAGARJUN W.P.(MD)No.17337 of 2023 K.Kumar ... Petitioner Vs.
1.The Chief Immigration Officer, Tiruchirappalli City, Tiruchirappalli District.
2.The Commissioner, Tiruchirappalli City, Tiruchirappalli District.
3. The Superintendent of Police, Thanjavur District, Thanjavur.
4.The Inspector of Police, All Women Police Station, Pattukottai, Thanjavur District.
5.The Inspector of Police, District Crime Branch, Thanjavur District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to issue No Objection Certificate so as to permit the petitioner to visit 1/6
Singapore on the basis of the petitioner's representation dated 10.07.2023.
For Petitioner : Mr.A.Arun Prasad For Respondents : Mr.V.Malaiyendran Central Government Standing Counsel for R1 Mr.B.Thanga Aravindh Government Advocate (Crl.side)
O R D E R
This Writ Petition is filed seeking for a direction to the respondents to issue No Objection Certificate to permit the petitioner to go to Singapore basing on the representation given by him on 10.07.2023.
2. It is submitted by the learned counsel appearing for the petitioner that the petitioner is a permanent resident of Singapore and is doing business in Singapore. He has stated to have some properties in India and he had come to India in the month of June 2023. He could not go back to Singapore as Look Out Notice is pending. It is further submitted that two cases are pending against him, of which Crime No.68 of 2021 is registered for the offence punishable under Sections 2/6
406, 420 and 506(i) IPC, for which, he has stated to have obtained anticipatory bail and fulfilled all the conditions imposed by the Court. Other case is in C.C.No.292 of 2018 on the file of the Judicial Magistrate, Pattukottai for the offence punishable under Sections 498(A), 294(b) and 506(i) IPC. In the said case also, he has stated to have obtained bail. Therefore, warrants are not pending against him and he is not required for any other case.
3. The learned Government Advocate (Criminal side) appearing for the respondents 2 to 5 submits that the petitioner has sent a representation by a registered post on 10.07.2023 and it has been received by the respondent Police about three days ago and subsequently, he did not approach them. The petitioner is expected to file an application before the learned Judicial Magistrate, where criminal cases are pending seeking permission to go to abroad by placing the circumstances under which he is required to go. Further, he is also required to file an application before the concerned Police to recall the Look Out Notice as he is not required in any criminal case. 3/6
4. Considering the circumstances, the relief sought for by the writ petitioner directing the respondent Police to issue No Objection Certificate to permit him to go to Singapore cannot be considered by this Court. However, the petitioner is directed to file an application before the concerned learned Judicial Magistrate and the concerned Judicial Magistrate is directed to dispose of the same as expeditiously as possible.
5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.
19.07.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No Note: Issue order copy on 21.07.2023 ssb 4/6
To 1.The Chief Immigration Officer, Tiruchirappalli City, Tiruchirappalli District.
2.The Commissioner, Tiruchirappalli City, Tiruchirappalli District.
3. The Superintendent of Police, Thanjavur District, Thanjavur.
4.The Inspector of Police, All Women Police Station, Pattukottai, Thanjavur District.
5.The Inspector of Police, District Crime Branch, Thanjavur District.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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DR.D.NAGARJUN,J ssb W.P.(MD)No.17337 of 2023 Dated:19.07.2023 6/6