Muthuraman v. The State Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL W.P.(MD)No.25936 of 2023 Muthuraman, Son of Karuppasamy, K(M-43/2023), HG 03, Vikram Apartments, Visthara Enclave, Vilangudi, Madurai - 625 018.
... Petitioner Vs.
1.The State represented by, The Superintendent of Police, Office of Superintendent of Police, PSP Nagar, Korampallam, Thoothukudi District - 628 101.
2.The Inspector of Police, Cyber Crime Police Station, Cruz Puram, Thoothukudi District.
3.The Regional Passport Officer, Officer of Regional Passport Office, Bharathi Ula Road, Near Thaamarai Thotti Bus Stop, KK Nagar, Ramaond Reserve Line, Madurai District - 625 002.
... Respondents Page No. 1 of 8
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to withdraw the Look Out Circular issued against the petitioner by considering his representation dated 09.08.2023. For Petitioner : Mr.M.Guruprasad for M/s.VPN Associates For RR 1 & : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
ORDER
The present Writ Petition under Article 226 of the Constitution of India has been filed on 25.10.2023 by the petitioner seeking an order of direction directing the respondents to withdraw the Look Out Circular issued against the petitioner by considering his representation dated 09.08.2023.
2.The petitioner has filed an affidavit in support of the Writ Petition wherein he has stated that the second respondent registered a case against the petitioner in Crime No.18 of 2023 for the offences under Sections 153, 504 and 505(2) of 'The Indian Penal Code (45 of 1860)' (hereinafter 'IPC' for the sake of brevity); Page No. 2 of 8
that at the time of registration of the case, the petitioner was in Dubai; that second respondent after conducting an enquiry with the petitioner's wife and confirming the information about the petitioner's current location, issued a Look Out Circular against the petitioner; that the petitioner returned to India on 17.07.2023; that the petitioner was arrested and remanded to judicial custody on the same day (17.07.2023) in the said crime; that the petitioner filed a bail application in Crl.M.P.No.12635 of 2023 before the learned Judicial Magistrate No.4, Thoothukudi and the learned Judicial Magistrate No.4, Thoothukudi, granted bail to the petitioner, by order dated 24.07.2023 with conditions; that the bail conditions were relaxed vide order dated 04.08.2023 in Cr.M.P.No.13552 of 2023. 3.
The learned counsel appearing for the petitioner submitted that the petitioner was arrested, thereafter bail was granted to the petitioner in the said crime. Even after granting bail to the petitioner, the Look Out Notice issued against the petitioner has not been withdrawn and the same is still in force. Hence, the petitioner sent a representation dated 09.08.2023 requesting the concerned authorities to revoke the Look Out Circular issued against him. After receiving the said representation, the respondents did not Page No.
take any steps to withdraw the Look Out Notice. Hence, the petitioner filed this Writ Petition with a prayer of Mandamus. 4.When the matter was taken up today (26.10.2023), Mr.A.Thiruvadikumar, learned Additional Public Prosecutor, accepted notice for the respondents 1 and 2 and submitted that the first respondent sent a communication dated 08.08.2023 bearing reference No.C.No.D2/P31/DCRB/TUT/2023 to 'The Assistant Director/SIC, Bureau of Immigration, Ministry of Home Affairs, Government of India, Level - V, Sector - 1, RK Puram, New Delhi - 110 066' requesting to delete the Look Out Circular. The learned Additional Public Prosecutor placed a copy of the said communication dated 08.08.2023 before this Court and a scanned reproduction of the same is as follows:
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5. Based on the aforesaid communication, 'The Assistant Director/SIC, Bureau of Immigration, Ministry of Home Affairs' has deleted the Look Out Circular at his end.
6. The above stated position is recorded. In view of the above stated position, the Writ Petition is disposed of as closed. No costs.
26.10.2023 :
Yes / No Index :
Yes / No Internet :
Yes ps Page No. 6 of 8
To 1.The Superintendent of Police, Office of Superintendent of Police, PSP Nagar, Korampallam, Thoothukudi District - 628 101.
2.The Inspector of Police, Cyber Crime Police Station, Cruz Puram, Thoothukudi District.
3.The Regional Passport Officer, Officer of Regional Passport Office, Bharathi Ula Road, Near Thaamarai Thotti Bus Stop, KK Nagar, Ramaond Reserve Line, Madurai District - 625 002.
Page No. 7 of 8
R.SAKTHIVEL, J.
ps W.P.(MD)No.25936 of 2023 26.10.2023 Page No. 8 of 8