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2024 Supreme(Mad) 2548
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S. Ramesh, Sunder Mohan, JJ.
Saravanan Palaniappan - Petitioner
Versus
The Senior Immigration Officer, (Batches A B C D) International Departure and ors. - Respondents
CRL.O.P.No.7851 of 2024 and Crl.M.P.No.5742 of 2024
Decided On : 04-04-2024
Advocate Appeared:
For the Petitioner: Mr.R.Krishnakumar
For the Respondent: Mr.K.Subbu Ranga Bharathi, Central Government Standing Counsel, Mr.P.Sidharthan, Special Public Prosecutor (ED)
The issuance of a Look Out Circular is invalid without pending predicate offences, and lack of notification infringes personal liberty under the Constitution.
Headnote:(A) Constitution of India - Articles 14 and 21 - Personal liberty - Look Out Circular issued against petitioner in connection with ECIR proceeding, remains unsustainable as predicate offence is not pending - The petitioner was not informed about the LOC, violating their rights under Articles 14 and 21. (Paras 2, 4)
(B) Criminal Procedure - The closure of F.I.R and the subsequent lack of information regarding Look Out Circular results in a violation of the petitioner's personal liberty and due process rights. (Paras 2, 4)
Facts of the case:
The FIR related to the predicate offence was closed after a compromise, yet ECIR proceedings continued, leading to issuance of Look Out Circular without informing the petitioner, infringing on their personal liberty.
Findings of Court:
The Look Out Circular is quashed, reaffirming that personal liberty cannot be affected without due process.
Issues: The main issues involved whether the persistent ECIR proceedings and LOC is legally justified post-FIR closure.
Ratio Decidendi: The court held that if the predicate offence is not pending, the ECIR proceeding cannot continue, and the lack of information regarding the LOC violates constitutional rights.
Result: The Look Out Circular is quashed, and the petition is allowed.
| Table of Content |
|---|
| 1. fir closed due to compromise. (Para 1) |
| 2. lop without notice violates constitutional rights. (Para 2 , 3 , 4) |
| 3. loc quashed; petition allowed. (Para 5) |
ORDER :
M.S. RAMESH, J.
1. In this Criminal Original Petition, the F.I.R relating to the predicate offence pending against the petitioner herein, was closed pursuant to a compromise entered into between the petitioner and the defacto complainant. Even after the F.I.R was closed, the ECIR proceeding was kept pending. The Look Out Circular issued to the petitioner herein, in the ECIR proceeding, is as follows:-
| S. No. | Name of Person & Particulars | Details of LOC request issued by ED | Details of LOC issued/acknowledged by Bureau of Immigration (BoI) |
| 1. | Shri Saravanan Palaniappan (Passport No.Z5641108) | ED's LOC request dated 29.05.2023 sent to Bureau of Immigration (BoI) | BoIs letter/acknowledgment No.1/SIC(ACK)/ LOC/2023 -7595 dated 29.05.2023 for issued LOC (LOC Suspect No.2345831) |
2. When the predicate offence itself is not pending, we are unable to apprehend as to how the ECIR proceeding can be proceeded with. It is needless to point out that the Look Out Circular which has also been issued in connection with the ECIR proceeding, cannot be legally sustained.
3. At this juncture, the learned counsel for the petitioner would submit that the Look Out Circular has not been furnished to the petitioner.
4. When the Enforcement Directorate has to restrain the petitioner from leaving the country, thereby affecting his personal liberty, they are duty bound to inform the affected party about the existence of the Look Out Circular. In the absence of the same, the same would be in violation of the Articles 14 & 21 of the Constitution of India.
5. In the light of the above observations and findings, the impugned LOC Suspect No.2345831 is hereby quashed and this Criminal Original Petition stands allowed. Connected miscellaneous petition is closed.
