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S.D.David Thangaraj v. Ministry of External Affairs,

ALLOWED
Court
High Court of Madras
Decided
14 July 2026
Bench
G.K. Ilanthiraiyanauthor
Case no.
WP Crl. 602/2026

Judgment

ORDER This Writ Petition has been filed challenging the lookout circular bearing R.C.No.164/DC.Myl/Camp/LOC/2024 dated 23.02.2023 issued by the 4th respondent as against the petitioners.

¶2The petitioners are arrayed as A2 and A3 in C.C.No.557 of 2025 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai and are facing charge under Section 498(A) of IPC. While pending the investigation of the above case in Crime No.2 of 2024 on the file of the All Women Police Station, Mylapore, Chennai, the petitioners were residing abroad and were not available in India. For the purpose of completion of investigation, on the request made by the Investigating Officer, the fourth respondent issued a lookout circular. To quash the said lookout circular, the petitioners filed the present petition.

¶3The learned counsel appearing for the petitioners submitted that the petitioners subsequently arrived in India, whereupon the lookout circular was executed, and they were secured and produced before the Trial Court. The petitioners have since been granted bail and are presently very much available in India. Therefore, he prayed to cancel the said lookout circular.

¶4The learned counsel appearing for the fifth respondent submits that there are serious allegations as against the petitioners and the offence under Section 498(A) of the IPC is clearly attracted as against them. If the lookout circular is cancelled or withdrawn, there is a chance for the petitioners to escape from India.

¶5Heard the learned counsel appearing on either side and perused the materials placed before this Court.

¶6On perusal of the records, it is revealed that though the lookout circular was issued while the petitioners were abroad, the same was executed upon their return to India and they were secured and produced before the Trial Court. They have also been granted bail and are presently available in India. Therefore, the lookout circular has served its purpose and is liable to be cancelled.

¶7Considering the above facts and circumstances, the lookout circular issued by the fourth respondent bearing R.C.No.164/DC.Myl/ Camp/LOC/2024 dated 23.02.2023, is hereby quashed. It is made clear that if the petitioners want to visit abroad, they have to obtain necessary permission before the Trial Court. Further, the petitioners shall not leave India without the permission of the Trial Court viz., the learned XVIII Metropolitan Magistrate, Saidapet, Chennai in C.C.No.557 of 2025.

¶8With the above directions, the Writ Petition stands disposed of. Consequently, connected miscellaneous petitions are closed. There shall be no order as to cost.

14.07.2026 Index : Yes/No : Yes/No Speaking/non-speaking order rts G.K.ILANTHIRAIYAN. J, rts To

¶1Ministry of External Affairs, No.68, College Road, E.V.K.Sampath Maaligai, 7th Floor, Chennai-600 006.

¶2The Joint Director, Bureau of Immigration (BOI), Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai-600 034.

¶3The Commissioner of Police, 132, EVK Sampath Rd, Periamete, Vepery, Park Town, Chennai-600 007.

¶4The Deputy Commissioner of Police, Kutchery Road, Mylapore, Chennai-600 004.

¶5Tabitha Shereen Niranjala D/o.D.S.B.Naveendher, 11-A, Richwood Gardens, Thaiyur Market Road, Kelambakkam, Chennai-603103. WPMP.Crl.Nos.178 & 179 of 2026

14.07.2026

Case details

Parties and counsel

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.07.2026 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WPMP.Crl.Nos.178 & 179 of 2026 1. S.D.David Thangaraj S/o.late.A.S.Devanesam, No.11/6, Bharatidasan Colony Main Road, K.K. Nagar, Chennai-600 078. 2. Georgina Nalinakumari David W/o.S.D.David Thangaraj, No.11/6, Bharatidasan Colony Main Road, K.K.nagar, Chennai-600 078. ..Petitioner(s) Vs 1. Ministry of External Affairs, No.68, College Road, E.V.K.Sampath Maaligai, 7th Floor, Chennai-600 006. 2. The Joint Director, Bureau of Immigration (BOI), Shastri Bhavan, No.26, Haddows Road, Nungambakkam, Chennai-600 034. 3. The Commissioner of Police, 132, EVK Sampath Rd, Periamete, Vepery, Park Town, Chennai-600 007. 4. The Deputy Commissioner of Police, Kutchery Road, Mylapore, Chennai-600 004. 5. Tabitha Shereen Niranjala D/o.D.S.B.Naveendher, 11-A, Richwood Gardens, Thaiyur Market Road, Kelambakkam, Chennai-603103. ..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating to the Lookout Circular bearing R.C.No.164/DC.Myl/Camp/LOC/2024 dated 23.02.2023 issued by the 4th respondent and quash the same as illegal, arbitrary and unconstitutional. For Petitioner : Mr.Sunney Sheen Akkara For Mr.K.Sharath Chandran For Respondents For R1 to R4 : Mr.R.Ganesh Kumar Counsel for Government for Tamilnadu (Criminal Side) For R5 : Mr.T.Surrendran

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.