Saravanan Palaniappan v. Senior Immigration Officer, (Batches A B C D) International Departure
2024-04-04
M.S.RAMESH, SUNDER MOHAN
body2024
DigiLaw.ai
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.