Writ petition pleaded for removal of Lookout Circular to permit travel abroad for a daughter's graduation. Petitioners' travel plans were cancelled. Court disposed of petition allowing request revival after charge framing. No specific interim travel order granted.
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WP.No.25087 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.09.2023
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
W.P.No.25087 of 2023 in
W.M.P.Nos.24512 & 24515 of 2023
1.R.Ravichandran
2.R.Vani .. Petitioners
Vs.
1.Bureau of Immigration, Ministry of Home Affairs, Represented by its Commissioner (Immigration), East Block VIII, Level V,
Sector 1, R.K.Puram, New Delhi-110 066.
2.The State, Represented by Sub-Inspector of Police, CBI/EOB, Chennai. ..Respondents
PRAYER : Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to direct the 2nd respondent to remove the Lookout Circular issued to the 1st respondent in respect of the petitioners and permit the petitioners to travel abroad.
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For Petitioners : Mr.Akhil Bhansali For Respondents : Mr.K.Srinivasan Special Public Prosecutor for CBI cases
ORDER
This Writ Petition has been filed for seeking direction to the 2nd respondent to remove the Lookout Circular issued to the 1st respondent in respect of the petitioners herein and permit them to travel abroad.
were brought to leave the country to attend graduation ceremony of their daughter at Canada. They were prevented to board the flight due to the presence of a Lookout Circular issued by the 1st respondent which has not put to the notice of the petitioners earlier by the respondents stating that the criminal prosecution against them does not fall under exceptional categories where lookout circular can be issued seeking for restraining the order from enforcing the lookout Circular and also permission to travel abroad.
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3. The learned Special Public Prosecutor representing the first respondent submitted that they filed the detailed counter in which it is stated that the gravity of the offences for which these petitioners are prosecuted relates to bank fraud of Rs.20.92 Crores by fixation of partnership firm and if the petitioners are allowed to go abroad, there is every possibility to flee.
5.In the light of the above objection raised by the learned Special Public Prosecutor, this Court directed the counsel for the petitioner to provide the travel itinerary of the petitioners for their proposed visit to Canada to meet their daughter. So that, this Court can temporarily permit the petitioner to visit Canada and return back to India to face trial.
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plan, the learned counsel appearing for the petitioner submitted that the earlier tickets booked by the petitioners were cancelled and they yet to plan to execute their date of travel.
21.09.2023
pal/vv
To
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Dr.G.JAYACHANDRAN,J. pal/vv
W.P.No.25087 of 2023 and W.M.P.Nos.24512 & 24515 of 2023
21.09.2023
2 issues framed by the court
Whether the court should direct the removal of a Lookout Circular to permit petitioners to travel abroad for a graduation ceremony before the framing of charges.
Whether a petition for temporary leave to travel abroad for a specific family purpose can be granted where the petitioners are pursued for bank fraud and there is a risk of flight.
1 provisions across 1 enactments
R.Ravichandran
R.Vani
Bureau of Immigration
The State
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
