Madras High Court
R.Sundaravadivelu vs The Regional Passport Officer on 29 July, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.25800 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.25800 of 2021
and W.M.P.No.27255 of 2021
1. R.Sundaravadivelu
2. S.Vanaja ...Petitioners
-Vs-
1. The Regional Passport Officer,
Royala Towers No.2 & 3, IV Floor,
Old No.785, New No.158,
Anna Salai, Chennai – 600 002.
2. The Immigration Officer,
International Airport,
Chennai.
3. The Deputy Commissioner of Police,
Law and Order,
Adyar, Chennai.
4. The State by
Rep. by Inspector of Police,
W-22, All Women Police Station,
Mylapore, Chennai – 600 004. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents herein to
withdraw the lookout circular (LOC) issued by the third respondent
https://www.mhc.tn.gov.in/judis
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W.P.No.25800 of 2021
police and consequently direct the first and second respondents to revoke
the flagging/red flagging or any other variations or cancellation of
conditions or endorsements attached to the petitioner's passports
Z2383097 (with validity until 26/02/2022) & R3765024 (with validity
until 30/08/2027) issued by the first respondent and enable the
petitioners to carry on their travel peacefully.
For Petitioners : Ms.A.Madhumathi
For Respondents
For R1 & R2 : Mr.K.Subbu Renga Bharathi
Central Government Standing Counsel
For R3 & R4 : Mr.A.Damodaran
Additional Public Prosecutor.
ORDER
The Writ Petition has been filed to direct the respondents herein to withdraw the lookout circular (LOC) issued by the third respondent police and consequently direct the first and second respondents to revoke the flagging/red flagging or any other variations or cancellation of conditions or endorsements attached to the petitioners' passports Z2383097 (with validity until 26/02/2022) & R3765024 (with validity until 30/08/2027) issued by the first respondent and enable the petitioners to carry on their travel peacefully. https://www.mhc.tn.gov.in/judis Page 2 of 6 W.P.No.25800 of 2021
2. It is seen that on the complaint lodged by the defacto complainant viz., the daughter-in-law of the petitioners herein, the fourth respondent registered a FIR in Crime No.13 of 2017 for the offences under Sections 498-A & 406 of IPC in which, the petitioners are arrayed as A2 and A3. While pending the investigation, the third respondent issued lookout circular, since the petitioners were in abroad after registration of the FIR. After completion of investigation, the fourth respondent filed final report and the same has been taken cognizance in C.C.No.5245 of 2017 on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai.
3. Thereafter, the petitioners have filed quash petition before this Court in Crl.O.P.No.5456 of 2020 and this Court by an order dated 04.07.2022, quashed the entire proceedings as against the petitioners. Therefore, no proceeding is pending as against the petitioners on the complaint lodged by the defacto complainant. That apart, the lookout circular was issued as against the husband of the defacto complainant and the same was also revoked by this Court in W.P.No.15947 of 2021 by an order dated 11.08.2021.
4. Consideration, the above facts and circumstances, if any https://www.mhc.tn.gov.in/judis Page 3 of 6 W.P.No.25800 of 2021 look out circular is pending as against the petitioners, the same is hereby recalled and the third respondent is directed to inform the same to the respondents 1 & 2 forthwith.
5. With the above directions, the Writ Petition stands allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
29.07.2022 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts https://www.mhc.tn.gov.in/judis Page 4 of 6 W.P.No.25800 of 2021 To
1. The Regional Passport Officer, Royala Towers No.2 & 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai – 600 002.
2. The Immigration Officer, International Airport, Chennai.
3. The Deputy Commissioner of Police, Law and Order, Adyar, Chennai.
4. The Inspector of Police, W-22, All Women Police Station, Mylapore, Chennai – 600 004.
5. The Public prosecutor, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis Page 5 of 6 W.P.No.25800 of 2021 G.K.ILANTHIRAIYAN. J, rts W.P.No.25800 of 2021 and W.M.P.No.27255 of 2021 29.07.2022 https://www.mhc.tn.gov.in/judis Page 6 of 6