Crl.O.P.(MD) No.5575 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.(MD) No.5575 of 2022

Maheswaraperumal

...Petitioner/A1

Vs.

1.The State represented by

The Inspector of Police,

All Women Police Station,

Sattur, Virudhunagar District.

(Crime No.8 of 2019)

2.The Assistant Foreigners Regional Registration Officer,

Bureau of Immigration,

Chennai International Airport,

Chennai.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.

praying this Court to re-call the lookout notice issued against the

petitioner in connection with C.C.No.6 of 2021 (pending on the file

of the learned Judicial Magistrate No.I) and consequently, return

the passport of the petitioner in passport numbers in old passport

No.T0491924 and new Passport No.S9497191.

For Petitioner

: Mr.E.Marees Kumar

For R1 and R2

: Mr.B.Thanga Aravind

Government Advocate (Crl.Side)

ORDER

The criminal original petition has been filed seeking a

direction to the direc the first respondent to recall the lookout

notice issued as against the petitioner in C.C.No.6/2021, on the

file of the learned Judicial Magistrate No.I and consequently,

return the passport of the petitioner in passport numbers in old

passport NO.T0491924 and new Passport No.S9497191.

2.The petitioner's wife had lodged a complaint alleging that on

06.11.2016, she got married with the petitioner and thereafter, the

petitioner went to Dubai for his job in the month of January 2017.

Then, the defacto complainant was also taken to Dubai and

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Crl.O.P.(MD) No.5575 of 2022

thereafter, due to misunderstanding between them, after returning

India, his wife lodged a complaint on the allegation of cruelty and

dowry demand. The said complaint was registered in Crime No.8 of

2019 for the offences under Sections 498(A) and 506(2) of IPC and

under Section 4 of Dowry Prohibition Act, 1961 as against six

accused persons, in which the petitioner is arrayed as the first

accused. After completion of investigation, the first respondent

had filed the final report and the same has been taken cognizance in

C.C.No.6 of 2021. While pending the investigation, the petitioner

failed to co-operate with the investigation and as such, the lookout

circular was issued as against the petitioner, so as to prevent him

from proceeding to abroad. Now, the entire investigation is

completed, the final report has also been filed and the same taken

cognizance for the offences under Section 498(A), 506(2) of IPC and

Section 4 of Dowry Prohibition Act in C.C.No.6 of 2021, on the file

of the learned Judicial Magistrate No.I, Sattur.

3.The learned Counsel appearing for the petitioner would submit

that due to the lookout circular, he is not able to report for his

duty in Dubai and the defacto complainant had filed a divorce

petition in H.M.O.P.No.207 of 2019, on the file of the Sub Court,

Sivakasi. Infact, the petitioner had also filed a divorce petition

in H.M.O.P.No.123 of 2019 on the file of the Sub Court, Sivakasi.

Both the divorce petitions were pending. After filing the divorce

petition, the defacto complainant had lodged a complaint and the

same has been registered in Crime No.08 of 2019 for the offences

under Sections 498(A) and 506(2) of IPC and Section 4 of Dowry

Prohibition Act.

4.The learned Government Advocate (Crl.Side) submitted that

after taking cognizance for the offences under Sections 498(A) and

506(2) of IPC and the Section 4 of the Dowry Prohibition Act in

C.C.No.6 of 2021 on the file of the learned Judicial Magistrate

No.I, Sathur, the charges were framed as against the accused persons

and the matter was posted for trial.

5.The purpose of the lookout circular has been met and it is

relevant to rely upon the order passed in Crl.O.P.No.16924 of