G.SARAVANA KUMAR @ YESHWANTH Vs. STATE

JUDGEMENT

(1.) This petition has been filed for direction directing the first respondent to withdraw or cancel the look-out circular issued to the Airports and Immigration Authorities in pursuant to Cr.No.20 of 2018 on the file of the first respondent.

(2.) Mr.G.Anbumani, learned counsel appearing for the petitioner submitted that the petitioner got married with the third respondent herein on 02.07.2009. They both went to Dubai and lived there. Thereafter she left the matrimonial home and lodged a complaint against the petitioner and his parents and the same has been registered in Cr.No.506 of 2010 for the offences under Sections 498(a) and 406 of IPC. Thereafter she withdrew the complaint and got reunion with the petitioner. Again, in the year 2013, she lodged complaint under Domestic Violence Act and the same ended in acquittal in the year 2018. Again in order to harass the petitioner and his parents she lodged another complaint and the same was registered in Cr.No.20 of 2018 on the file of the first respondent. In pursuant to the said crime, look-out circular was issued as against the petitioner. When the petitioner visited India, he was arrested and remanded to judicial custody. He incarcerated imprisonment from 29.11.2018 to 06.12.2018. The petitioner filed petition to quash the FIR in Cr.No.20 of 2018. In the meanwhile, the third respondent also filed petition for cancellation of bail before this Court in Crl.OP.No.31693 of 2019. This Court dismissed the quash petition filed by the petitioner in Crl.OP.No.1865 of 2019 by order dated 25.01.2019 and directed the first respondent to complete the investigation and filed final report. This Court dismissed the petition filed by the third respondent for cancellation of bail granted to the petitioner by order dated 27.02.2020. However, this Court directed the petitioner to appear before the first respondent for interrogation and also shall cooperate for investigation and till the completion of investigation and file final report, he shall not leave India, and the first respondent is directed to complete the investigation within a period of three months in Cr.No.20 of 2018. The first respondent failed to comply the direction issued by this Court and as such the petitioner was constrained to file contempt petition in Cont.P.No.492 of 2020. While pending contempt petition, the first respondent filed final report and recorded the said submission, the said contempt petition was closed. Though the first respondent filed final report, the same was returned for certain correction and re-presented for taking cognizance.

(3.) Per contra, the learned counsel for the third respondent filed counter and submitted that on the complaint lodged by the third respondent, the first respondent registered case in Cr.No.20 of 2018 for the offences under Sections 498(a) , 313 and 494 of IPC as against the petitioner and others. The petitioner was arrested and remanded to judicial custody and subsequently released on bail. Thereafter the petitioner filed petition for seeking permission to visit abroad in Crl.MP.No.4127 of 2018 and the same was allowed by order dated 09.01.2019 on condition that the petitioner is permitted to leave India for six months. Thereafter, he is directed to report before the first respondent. Aggrieved by the same, the third respondent challenged the said order in Crl.OP.No.1992 of 2019, in which this Court by order dated 12.02.2019 modified the condition that the petitioner is directed to return India on or before 01.08.2019 and report before the first respondent on 02.08.2019 for interrogation. The petitioner did not comply the said order and thereafter he got married illegally one, Ramya and also gave birth to a male child on 29.06.2017.