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Judgment
Honourable Mr. Justice Vinod K. Sharma
The petitioner has approached this Court with the prayer for issuance of a writ in the nature of Certiorari, to quash the proceedings dated
20.12.2011 which reads as under:
From : FRPO,BOI,CHENNAI
DT. : 20/12/2011
As per the look out circular issued by the Superintendent of Police, Tiruppur the pax by name Nachimuthu Palanisamy holding passport No.
G4773987 should not be allowed to leave India without the permission of the originator. As per the intimtion received from SP, Tiruppur the case
against the above pax is pending and hence he should not be allowed to leave the country without court''s permission.
Accordingly, the pax has been offloaded.
The reading of the impugned order shows that the criminal case is pending against the petitioner in which the petitioner has been granted
anticipatory bail under Sec. 438 of Criminal Procedure Code. Sec. 438(2)(iii) reads as follows:
A condition that the person shall not leave India without the previous permission of the Court.
The petitioner therefore, no locus standi to challenge the impugned order as it is in consonance with law. The remedy of the petitioner lies in the
criminal Court where the case is pending, for grant of permission to visit China.
In view of the fact that remedy of the petitioner lies somewhere else, this petition being not competent is ordered to be dismissed. However,
liberty is granted to the petitioner to move appropriate petition in the criminal Court for permission to visit China. Consequently, connected
miscellaneous petitions are also dismissed.
No cost.