Madras High Court
Augustine Pappaiya vs The Frro on 31 January, 2022
W.P.No.27159 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.27159 of 2021
Augustine Pappaiya ... Petitioner
Versus
1. The FRRo,
Foreigners Regional Registration Officer,
Bureau of Immigration,
Shastri Bhavan,
26, Haddows Road,
Chennai – 600 006.
2. The Deputy Commissioner of Police,
Thousand Lights,
Chennai – 600 006.
3. The Inspector of Police,
W-30, All Women Police Station,
Poonamallee,
Chennai – 600 056. ... Respondents
PRAYER: Writ Petition filed under Section 226 of the Constitution of
India for issuance of a Writ of Mandamus directing the respondents
herein to withdraw / rescind / cancel the LOC (Look Out Circular) issued
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W.P.No.27159 of 2021
to the petitioner in respect of his Old Passport No.V 3866262, New
Passport No.V3866262, within a stipulated period.
For Petitioner : Mr.K.Govi Ganesan
For Respondents : Mr.E.Raj Thilak,
Additional Public Prosecutor
*****
ORDER
The petitioner has filed this Criminal Original Petition seeking to
direct the respondents herein to withdraw / rescind / cancel the LOC
(Look Out Circular) issued to the petitioner in respect of his Old Passport
No.V 3866262, New Passport No.V3866262, within a stipulated period.
2. The case of the petitioner in brief is as follows:
(i) The petitioner is a truck driver, by profession and was working
in Singapore. Earlier the petitioner married one Elizabeth Rani on
28.06.2014 in a Church at Karayanchavadi and subsequently differences
cropped up between them, for which the said Elizabeth Rani lodged a
complaint in Crime No.30 of 2019 for offence punishable under Sections
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W.P.No.27159 of 2021
406, 498 (A), and 506 (i) I.P.C. Pending investigation, the 3rd respondent
had made request for issuance of Look Out Circular (LOC) , who inturn
by his communication in C.No./Camp/DC-CWC/2019 dated 31.12.2019
requested the 1st respondent i.e., the Bureau of Immigration (Ministry of
Home Affairs) Government of India to issue LOC, pursuant to which the
1st Respondent had issued LOC in R.C.No.01/DCC/AWC/LOC/2020
dated 02.01.2020 against the petitioner.
(ii) It is further stated that pending investigation, the issue between
the petitioner and his Wife Elizabeth Rani got compromised and resolved
and this Court by an order dated 28.09.2020 in Crl.O.P.No.3202 of 2020
quashed the Crime No.30 of 2019 and even prior to that the petitioner got
divorce in O.P.No.620 of 2020 on 23.09.2020 by the V Additional
Principal Judge, Family Court, Chennai. Despite the quashing of the
FIR, the LOC still remains in the same condition. Due to that, the
petitioner is unable to travel for his avocation to Singapore and make his
living. Thereafter, the petitioner sent representation to the respondents on
17.11.2021 to lift the LOC. In the meanwhile, the petitioner's passport
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W.P.No.27159 of 2021
was to expire on 12.12.2021 and he has made request for issuance of new
Passport bearing No.V3866262 as per his request new passport was
issued, which is valid till 30.11.2031. The petitioner's apprehension is
that, unless the LOC is quashed or withdrawn the same would reflect in
the immigration records and he would not have free access of travel.
Hence, the present Criminal Original Petition is filed.
3. The learned Additional Public Prosecutor would submit that the
case in Crime No.30 of 2019 was quashed in Crl.O.P.No.3202 of 2020 by
order of this Court dated 28.09.2020 and following the same the
Inspector of Police, All Women Police Station, Poonamallee Chennai by
communication dated 23.06.2021 requested the FRRO, Bureau of
Immigration, No.26, Haddows Road, Chennai – 600 006 to cancel the
LOC issued against the petitioner.
4. The learned counsel appearing for the petitioner produced the
letter of police Department seeking rescindment of LOC, settlement
agreement entered between the petitioner and his estranged wife.
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W.P.No.27159 of 2021
5. Heard both sides. Perused the records.
6..The Hon'ble Apex Court in catena of judgments following the
case of “Menaka Gandhi Versus Union of India reported in AIR 1978
SC 597” consistently held that it is a constitutional right of a person to
travel abroad and no one should be deprived of his life and liberty except
the procedure established in law. This Court following same in the case
of “E.V.Perumalsamy Reddy and others Versus State represented by the
Deputy Commissioner of Police reported in 2014 (1) MLJ 125” and in
the case of “S.Martin Versus the Deputy Commissioner of Police,
Central Crime Branch reported in 2014 (1) MLJ 647” held that once a
person is granted bail, no question of sustaining Look Out Circular
would arise, unless the person is involved in any heinous crimes and in
terrorist activities. In this case, the issues is a matrimonial dispute
between the husband and wife.
7. Admittedly, the learned V Additional Principal Judge, Family
Court, Chennai has granted divorce to the petitioner on 23.09.2020 in
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W.P.No.27159 of 2021
O.P.No.620 of 2020 and the FIR in Crime No.30/2019 was quashed by
this Court on 28.09.2020 in Crl.O.P.No.3202 of 2020 and thus as on date
the petitioner has got no Criminal case pending against him and the LOC
was issued pursuant to the complaint in Crime No.30 of 2019, which was
quashed. Hence, no useful purpose would be served in keeping the LOC
pending.
8. In view of the same, this Court quashes the LOC (Look Out
Circular) issued to the petitioner in respect of his Old Passport No.V
3866262, New Passport No.V3866262. The petitioner to have
unhindered, exit and entry, free passage of travel.
9. This Criminal Original Petition is disposed of accordingly.
31.01.2022
Index: Yes/No
Internet: Yes/No
rap/arr
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W.P.No.27159 of 2021
To
1. The FRRO,
Foreigners Regional Registration Officer,
Bureau of Immigration,
Shastri Bhavan,
26, Haddows Road,
Chennai – 600 006.
2. The Deputy Commissioner of Police,
Thousand Lights,
Chennai – 600 006.
3. The Inspector of Police,
W-30, All Women Police Station,
Poonamallee,
Chennai – 600 056.
4.The Public Prosecutor,
High Court, Madras.
Copy to:
1.The Bureau of Immigration (Ministry of Home Affairs),
Government of India,
New Delhi.
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W.P.No.27159 of 2021
M.NIRMAL KUMAR, J.
rap
W.P.No.27159 of 2021
31.01.2022
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