Rathan Raj v. Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.18501 & 18502 of 2023 1.Rathan Raj 2.R.Rajamanickam 3.R.Varalakshmi ... Petitioners Vs.

1.Union of India, Rep.by its Secretary, Ministry of External Affaris, No.201, 1st Floor, Patiala, House Annex-1, New Delhi-110001.

2.Chief Immigration Officer, Bureau of Immigration, Chennai International Airport, Meenambakkam, Chennai.

3.State of Tamilnadu Rep.by its Superintendent of Police, Tirunelveli District, Tamil Nadu.

4.Inspector of Police, District Crime Branch, Tirunelveli, Tamil Nadu.

5.Shobana Babu ... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to direct the third and fourth respondents to lift, raise, cancel and recall the Look Out Circular dated 29.05.2023 issued by them against the petitioners herein in connection with Crime No.2 of 2023 on the file of the fourth respondent and consequently, permit the petitioners to travel beyond the shores of the nation without any fetters or interference as per the fundamental rights guaranteed under Article 21 of the Constitution of India. For Petitioners : Mr.G.Vijayanand For R1 & R2 : Mr.K.Govindarajan, Deputy Solicitor General of India For R3 & R4 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R5 : Mr.M.Palanivelu

ORDER

This writ petition has been filed seeking a direction to the third and fourth respondents to recall the look-out circular issued as against the petitioners in C.C.No.1691 of 2023.

2.The learned Additional Public Prosecutor appearing for the third and fourth respondents submits that the case in C.C.No.1691 of 2023 on the file of the learned Judicial Magistrate No.I, Tirunelveli itself quashed 2/5

by this Court vide order dated 17.10.2023, based on the compromise arrived at between the parties. Therefore, the Deputy Superintendent of Police, DCB, Tirunelveli, has made a request to the Superintendent of Police, Tirunelveli on 28.10.2023 to recall the look-out circular and necessary communication has also been made to the first respondent. Thereafter, the look-out circular as against the petitioners was also withdrawn on 30.10.2023.

3.Recording the submissions of the learned Additional Public Prosecutor, this writ petition is closed. No costs. Consequently, connected miscellaneous petitions are also closed. 21.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns 3/5

To 1.The Union of India, Rep.by its Secretary, Ministry of External Affaris, No.201, 1st Floor, Patiala, House Annex-1, New Delhi-110001.

2.The Chief Immigration Officer, Bureau of Immigration, Chennai International Airport, Meenambakkam, Chennai.

3.The Superintendent of Police, Tirunelveli District, Tamil Nadu.

4.The Inspector of Police, District Crime Branch, Tirunelveli, Tamil Nadu.

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B.PUGALENDHI,J gns 21.06.2024 5/5