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Karnataka High Court

Mrs Priya Mariam Cherian vs Union Of India on 5 September, 2022

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                               -1-
                                                           WP No. 17423 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF SEPTEMBER, 2022

                                            BEFORE
                           THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                          WRIT PETITION NO. 17423 OF 2022 (GM-RES)
                   BETWEEN:

                   MRS. PRIYA MARIAM CHERIAN
                   W/O ABRAHAM CHERIAN
                   AGED ABOUT 50 YEARS
                   RESIDING AT A406
                   ANANDA BAIRAVAI APARTMENTS
                   236, HENNUR MAIN ROAD
                   KACHAKARANAHALLI
                   BENGALURU - 560 084.

                                                                  ...PETITIONER

                   (BY SRI SRINIVASA RAGHAVAN, SR.ADVOCATE FOR
                         SRI. LOMESH KIRAN N., ADVOCATE)



                   AND:
Digitally signed
by PADMAVATHI
BK                 1.    UNION OF INDIA
Location: HIGH
COURT OF
KARNATAKA
                         MINISTRY OF EXTERNAL AFFAIRS
                         NO 201, I FLOOR
                         PATIALA HOUSE ANNEXE
                         NEW DELHI - 110 001
                         REPRESENTED BY ITS SECRETARY.
                                 -2-
                                             WP No. 17423 of 2022




2.   CHIEF IMMIGRATION OFFICER
     BUREAU OF IMMIGRATION
     BANGALORE INTERNATIONAL AIRPORT
     DEVANAHALLI
     BENGALURU - 560 300.

                                                    ...RESPONDENTS

(BY SRI H.SHANTHIBHUSHAN, ASG FOR R1)



       THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA READ WITH

SECTION    482   OF    CR.P.C.,   PRAYING      TO    DIRECT   THE

RESPONDENTS       TO    PROVIDE        ALL   INFORMATION      AND

DOCUMENTS PERTAINING TO THE LOOKOUT CIRCULAR, IF

ANY,   ISSUED    AGAINST    THE       PETITIONER;     QUASH   THE

LOOKOUT     CIRCULAR,      IF   ANY      ISSUED     AGAINST   THE

PETITIONER; DIRECT THE RESPONDENTS NOT TO INTERFERE

IN THE PETITIONER'S EXERCISE OF HER FUNDAMENTAL RIGHT

TO TRAVEL OUTSIDE OF INDIA.




       THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN 'FRESH MATTERS LIST', THIS DAY, THE COURT MADE THE

FOLLOWING:
                              -3-
                                         WP No. 17423 of 2022




                          ORDER

The petitioner is calling in question stalling of her travel from the shores of this nation on 31.08.2022, at the Bengaluru International Airport, Bengaluru, on the ground that there was a Lookout Circular and the petitioner was subject of the Lookout Circular.

2. Heard Sri Srinivasa Raghavan, learned senior counsel representing the petitioner and Sri H. Shanthibhushan, learned Assistant Solicitor General, representing respondent No.1.

3. Learned Assistant Solicitor General of India has placed the Lookout Circular for a perusal of this Court, which was in a sealed cover. It would depict that the crime is registered against the petitioner for offences punishable under Sections 406, 420, 477 and 120B of the IPC and Sections 447 and 448 of the Companies Act, 2013. The Lookout Circular would further indicate that the -4- WP No. 17423 of 2022 same is issued after registration of the crime. Therefore, the petition in the form that is presented is rendered infructuous.

4. In view of the submissions made, the petition is dismissed as having become infructuous.

It is open for the petitioner to avail such remedy as is available in law.

Sd/-

JUDGE NVJ List No.: 1 Sl No.: 148