The issuance of Look Out Circular against a person not accused in a closed case is improper and violates the fundamental right to travel.

ORDER :

M. NIRMAL KUMAR, J.

1. The petitioner filed this writ petition seeking a direction to the respondents to withdraw the Look Out Circular (LOC) issued against the petitioner in connection with F.I.R.No.84 of 2020 by the fourth respondent and quash the LOC permitting the petitioner to have free access to travel.

2.The contention of the petitioner is that the petitioner is a Green Card Holder and working as Chief Executive Officer in a company named “NVIDIA” at United States of America (USA). The petitioner moved to United States in the year 2005 for higher studies and later got employed and settled in USA. The petitioner used to visit India whenever it is possible to take care of his aged parents and to spend time with them. While so, a complaint dated 27.03.2019 lodged against the petitioner, his mother and others making allegation of impersonation for a transaction which took place in the year 2003 and a case in Crime No.84 of 2020 registered by the fourth respondent.

3.The complaint is that the de-facto complainant/Aariyal, Mother of one Selvavinayagam, lodged a complaint that her son was murdered by her elder son-in-law and a case was registered against him and the same is pending trial before the Sessions Court, Salem. When her son was alive, he purchased a property in Sholinganallur village and registered as Document No.1178/1994 dated 23.03.1994. The mother of Selvavinayagam applied for encumbrance certificate and found that the petitioner purchased the said property by Document No.3143/2003. On further enquiry, she found that her son-in-law Rajendran signed as a witness. Further she doubted the signature of her son. Thereafter, she lodged a complaint and a case registered against the said Rajendran and four others, in which, the petitioner shown as Accused No.5.

4.The learned Senior Counsel for the petitioner submitted that the petitioner earlier filed a quash application before this Court in Crl.O.P.No.2876 of 2023 on the ground that Document No.3143/2003 transaction took place when the petitioner was Engineering college student and it was his mother Kaveri Hari, who purchased the property paying through pay order. This being so, almost 17 years thereafter a complaint lodged with an ulterior motive. The petitioner’s mother filed a quash application in Crl.O.P.No.11640 of 2021 and this Court, by the order dated 07.07.2022 quashed the proceedings as against her. When the petitioner’s quash application in Crl.O.P.No.2876 of 2023 was taken up for consideration, at that time the learned Government Advocate for the respondent police submitted to the Court that pursuant to the investigation in Crime No.84 of 2020, charge sheet filed in C.C.No.7129 of 2023 against two persons and the petitioner herein not arrayed as accused in the final report. The same recorded in the order dated 09.07.2024. This being so, the petitioner, when he decided to spend time with his elderly parents in Tamil Nadu, landed in Rajasthan on 08.12.2025 to attend some commitments and the petitioner arrived Rajasthan and he was detained by immigration Officers in the Airport, Rajasthan and he was detained for almost 6 hours by the immigration authorities. It was informed that LOC issued against the petitioner pursuant to F.I.R.No.84 of 2020. Thereafter explaining to them that petitioner is not an accused in the said crime number and already investigation completed, charge sheet filed, reluctantly petitioner was let go. The petitioner came to India for a limited period, he already made arrangements and he has to return to USA on 16.12.2025. When the immigration authorities informed the fourth respondent about the arrival and detention of the