Yuba T. Reichard v. State rep by The Inspector of Police, Central Crime Branch, Chennai
2018-02-01
M.S.RAMESH
body2018
DigiLaw.ai
JUDGMENT : This petition has been filed by the petitioner seeking a direction to the respondents herein to withdraw the look out circular issued against the petitioner in connection with C.C.No.1173 of 2017 pending before the Learned Judicial Magistrate, Alandur. 2. Heard learned senior counsel appearing for the petitioner as well as the learned Government Advocate (Crl. side) appearing for the respondents. 3. Learned Government Advocate (Crl. side) on instructions, submitted that the LOC No.446541 has bee issued on 24.11.2014 in Crime No. 233 of 2012 against the petitioner herein. By a letter dated 31.01.2018, the Deputy Commissioner of Police, Central Crime Branch, Chennai had recommended the Regional Passport Officer, Chennai to revoke the LOC issued against the petitioner herein, since the investigation in Crime No.233 of 2012 has completed and charge sheet has also been filed before the learned Judicial Magistrate, Alandur. 4. It is also brought to my notice that another complaint has also been registered in Crime No.154 of 2012 before the first respondent police against the petitioner herein, which is said to be pending investigation. 5. On instructions, learned Government Advocate (Crl. side) submitted that no LOC has been issued against the petitioner in connection with Crime No.154 of 2012, as such, it can only be concluded that as on date, there is no LOC pending as against the petitioner herein, in view of earlier recommendation of the Deputy Commissioner of Police, Chennai to revoke the earlier LOC dated 24.11.2014 6. Since the only complaint that is pending against the petitioner herein in Crime No.154 of 2012 could not be completed, in view of the petitioner's absence. It would be appropriate to direct the petitioner herein to participate in the investigation, since there is no apprehension of arrest under the LOC. 7. Learned senior counsel appearing for the petitioner submits that the petitioner is willing to co-operate with the investigation and appear before the respondents for the purpose of investigation. 8. In the result, the Criminal Original Petition stands allowed. 9. In the light of the recommendation of the Deputy Commissioner of Police, Chennai dated 31.01.2018, since the charge sheet has already been filed in C.C.No.1173 of 2017 on the file of the learned Judicial Magistrate, Alandur, the LOC issued against the petitioner herein in connection with Crime No. 233 of 2012 stands quashed.
9. In the light of the recommendation of the Deputy Commissioner of Police, Chennai dated 31.01.2018, since the charge sheet has already been filed in C.C.No.1173 of 2017 on the file of the learned Judicial Magistrate, Alandur, the LOC issued against the petitioner herein in connection with Crime No. 233 of 2012 stands quashed. Since the petitioner has offered to cooperate with the investigation in Crime No. 254 of 2012, the respondents police shall not apprehend the petitioner during her visit to India. Consequently, the petitioner is directed to appear before the respondent police on 7th, 8th and 9th of February 2018 between 4 p.m. to 6 p.m.