SYED SAMSUDEEN Vs. CHIEF IMMIGRATION OFFICER

JUDGEMENT

(1.) This writ petition has been filed seeking a Writ of Mandamus directing the second respondent to withdraw the look out circular issued against the petitioner by considering his representation dtd. 15/4/2021.

(2.) The case of the petitioner is that the fourth respondent herein registered cases in Crime Nos.142 and 143 of 2021 against the petitioner. He is running a business in the name and style of 'Ameera Travels' in K.Pudur, Madurai, for the past 13 years. He used to travel Malaysia frequently. Velayutham was appointed by one Ravichandran as Cashier in Masal Wheels Hotel at Petaling Jaya, Malaysia, at the request made by this petitioner. He misappropriated a sum of Rs.3.00 Lakhs and escaped to India. He lodged a false complaint against the petitioner before fourth respondent herein. Upon which, a case in Crime No.142 of 2021 for the offence under Ss. 406 and 402 of I.P.C., and Sec. 10 r/w. 24 of Immigration Act has been registered. Similarly, the employee of the petitioner by name Periyasamy also misappropriated some amount and he was terminated from employment. He also gave a false complaint before the fourth respondent herein in Crime No.143 of 2021 for the offence under Sec. 294(b), 323 and 506(i) of I.P.C., against the petitioner. The petitioner approached this Court by filing Crl.O.P.(MD)Nos.3576 and 3581 of 2021. The defacto complainant namely., Velayutham in Crime No.142 of 2021 appeared before this Court and filed joint compromise memo. On that basis, the petitioner was granted anticipatory bail. But the fourth respondent recommended the second respondent to issue look out circular against this petitioner. When the petitioner went to Trichy Airport to travel to Dubai for business purpose, the first respondent restrained him by stating a look out circular is pending against him. Therefore, he sent a detailed representation dtd. 15/4/2021 to the first respondent. Since the same was not considered, the present Writ Petition has been filed.

(3.) Heard, Mr.S.M.A.Jinnah, learned counsel appearing for the petitioner and Mr.R.Srinivasan, learned Government Advocate (Crl. Side) appearing for the respondents.