A.Venkitachalam vs The Superintendent Of Police
2023 Latest Caselaw 9503 Mad

                                                                         Crl.O.P.No.12906 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 02.08.2023

                                                   CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                            Crl.O.P No.12906 of 2023
                A.Venkitachalam
                                                                                   ...Petitioners
                                                      vs.

                1.The Superintendent of Police,
                  Cuddalore District, Cuddalore

                2.The Inspector of Police,
                  All Women Police Station,
                  Sethiyathope & Post,
                  Cuddalore District.
                  (Crime No.2 of 2018)

                3.The Chief Immigration Officer,
                  No.26, Shasthri Bhavan,
                  Haddows Road,
                  Chennai 600 008.
                                                                                 ...Respondents

                PRAYER:
                          Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to direct the first respondent to withdraw the Lookout
                Circular (LOC) in LOC No.3/DCRB/CUD/2023 dated 13.02.2023 issued
                against the petitioner in connection with Crime No.2 of 2018 on the file of the
                2nd respondent.


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                                                                               Crl.O.P.No.12906 of 2023

                                       For Petitioners : Mr.S.Kamadevan
                                       For Respondents : Mr.A.Gopinath,
                                                         Government Advocate, for R1 and R2

                                                        ORDER

This criminal original petition has been filed for a direction to the first

respondent to withdraw the lookout circular in Crime No.2 of 2018 on the file

of the 2nd respondent.

2. Heard the learned counsel for the petitioner and the respondent and

also perused the materials available on record.

3. The learned Government Advocate brought to the notice of this Court

that the case is now at the fag end of trial and already 11 witnesses have been

examined on the side of the prosecution. It was further submitted that the case is

posted for cross-examination of LW.12 to LW.14 on 09.08.2023.

4. The learned counsel for the petitioner submitted that the petitioner is a

Mechanical Engineer, who was working at the Singapore from the year 2005

onwards. It was further submitted that the petitioner was detained at

Tiruchirapalli Airport on 06.05.2023 on the ground that a Lookout circular is

pending against him and hence, the petitioner was not able to go back to

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Singapore. The learned counsel also submitted that the case against the

petitioner only pertains to matrimonial dispute and hence, he requested this

Court to direct the first respondent to withdraw the Lookout circular.

5. In the considered view of this Court, the trial is now at the fag end

stage and only two more witnesses will have to be examined on the side of the

prosecution. Therefore, even if this Court directs the Lookout circular to be

withdrawn, the petitioner has to be present before the Court below at the time of

questioning under Section 313 of CrPC and also at the time of passing of final

judgment. In view of the same, this Court is inclined to give a direction to the

Judicial Magistrate No.I, Chidambaram to dispose of the case in CC.No.106 of

2018 within a period of six weeks from the date of receipt of copy of this order.

6. This criminal original petition is disposed of in the above terms.

                                                                                           02.08.2023

                Index      : Yes/No
                Internet   : Yes/No

Speaking Order/Non-Speaking Order nsa

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N. ANAND VENKATESH, J.

nsa To

1.The Superintendent of Police, Cuddalore District, Cuddalore

2.The Inspector of Police, All Women Police Station, Sethiyathope & Post, Cuddalore District.

(Crime No.2 of 2018)

3.The Public Prosecutor, Madras High Court, Chennai 600 104..

Crl.O.P No.12906 of 2023

02.08.2023

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