K.Lavanya vs The Sub Inspector Of Police on 19 September, 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2017
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

Crl.O.P.Nos.17881, 17882 17883 of 2017
and
Crl.M.P.No.10914 of 2017 in Crl.O.P.No.17881 of 2017

K.Lavanya ..Petitioner in all the Crl.O.Ps

vs.

1. The Sub Inspector of Police,
W-2, All Women Police Station,
Madipakkam, Chennai
Crime No.2/2010.

2. The Ministry of External Affairs,
Government of India,
‘E’ Block, Central Secretariat,
New Delhi 110 001.

3. The Regional Passport Officer,
D-13, The Great Oasis,
No.21, Mibc Maromn, Antheri,
East Mumbai 400 093.

4. The Chief Immigration Officer,
Bureau of Immigration,
Sasthri Bhavan, Haddows Road,
Nungambakkam, Chennai 600 006.

5. The Central Bureau of Investigation,
Office of the Central Bureau of Investigation,
Haddows Road, Chennai 600 006.

6. Moorthy ..Respondents in all the Crl.O.Ps

Prayer in Crl.O.P.No.17881 of 2017:- Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the 2nd and 4th respondents to initiate appropriate penal action on the officials who have aided the 6th respondent to obtain US Passport in Passport No.483247574.

Prayer in Crl.O.P.No.17882 of 2017:- Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the 1st respondent to register the complaint dated 01.06.2017 and 16.08.2017 pending disposal of the above petition.

Prayer in Crl.O.P.No.17883 of 2017:- Criminal Original Petition is filed under Section 482 Cr.P.C., praying to direct the 5th respondent to enquire into the complaints dated 01.06.2017 and 16.08.2017 made by the petitioner and file a final report before this Court pending disposal of the above petition.

For Petitioner : Mr.K.V.Sajeevkumar

For Respondents : Mr.R.Sekar,
Government Advocate(Crl.Side) for R1
Mr.K.Srinivasan,
Special Public Prosecutor
(for CBI Cases) for R5
Mr.Su.Srinivasan,
Assistant Solicitor General of
India for R2 to R4
No Appearance for R6
*****

COMMON ORDER

The allegation of the petitioner is that one Kathirava Moorthy married her on 28.11.2003 and they both left to United States of America to lead their matrimonial life. However, when the petitioner came to India for delivery, her husband namely Kathirava Moorthy deserted her and went back to USA stealthily.

2. Since there was a demand of dowry and harassment, the Petitioner lodged a complaint before the first respondent and the same was registered in Crime.No.2/2010 on 28.08.2010. When the matter was under investigation, her husband Kathirava Moorty and her in-laws have obtained anticipatory bail from the High Court on 04.05.2011. After completion of investigation, final report was also filed against Kathirava Moorthy as A1, his mother and sisters as other accused. Since the accused did not appear before the learned Magistrate in response to the summons issued to them for appearance, non bailable warrants were issued. When Kathirava Moorthy returned to India on 21.05.2017 with an American Passport No.483247574 in the name of Moorthy Shivaramakrishnan, he was detained by the Immigiration officer, Chatrapathi Shivaji International Airport, Mumbai, based on the lookout notice issued by the State Police. The said Kathirava Moorthy @ Moorthy Shivaramakrishnan was remanded to judicial custody on 23.05.2017, pursuant to the non bailable warrant issued by the learned Magistrate in Crime No.2 of 2010.

3. From the report submitted by the first respondent, it appears that the Kathirava Moorthy @ Moorthy Shivaramakrishnan has obtained bail on 30.05.2017 with certain conditions, despite obtaining bail with an undertaking to abide by the conditions, the said Kathirava Moorthy @ Moorthy Shivaramakrishnana has tried to flee from India from Mumbai Airport on 23.07.2017.

4. The first respondent has swiftly acted upon the information about his intention to flee away from India by intimating the same to the Airport Authority and Police at Mumbai. As a consequence, he was off loaded from the flight on that day.

5. However, no further action has been taken by the police to cancel the bail granted to Kathirava Moorthy @ Moorthy Shivaramakrishnan for violating the bail conditions. Now, from the report of the first respondent, this Court could see that Kathirava Moorthy @ Moorthy Shivaramakrishnan has moved this Court in Crl.O.P.No.16924 of 2017 seeking for recall of the lookout notice issued by the 4th respondent namely the Chief Immigration Officer, Bureau of Immigration, Sasthri Bhavan, Haddows Road, Nungambakkam, Chennai.

6. The grievance of the petitioner is that while the case is pending against her husband Kathirava Moorthy @ Moorthy Shivaramakrishnan for the alleged offences under section 498A and 506 Part (1) of I.P.C. and section 4 of the Prevention of Women Harassment Act, her husband discreetly changed his name as Moorthy Shivaramakrishnan and had obtained American Passport, pending criminal proceedings against him in India. Based on the American Passport issued on 25.10.2011, he has entered into India obtaining Indian VISA issued for a period from 24.09.2012 to 23.09.2017, his multiple entry into India with American Passport and Indian VISA during that period gone unnoticed, since, Kathirava Moorthy @ Moorthy Shivaramakrishnan has changed the spelling of his father’s name and his own name. Since there is a grave criminality of impersonation/fraud committed by the said Kathirava Moorthy @ Moorthy Shivaramakrishnan, violating the Indian Passport Act 1967 and Indian Citizenship Act 1955, the petitioner request the Court to direct the CBI to initiate appropriate penal action against Kathirava Moorthy @ Moorthy Shivaramakrishnan as well as the officials who have aided him to obtain American Passport, providing false and fake information.

7. The 5th respondent CBI has not filed any counter in this matter. The 6th respondent was served with private notice on 11.09.2017, but there is no representation on his behalf .

8. Considering the averments made in the petitions as well as the report filed by the first respondent, this Court is of the opinion that the gravity of the crime allegedly committed by the said Kathirava Moorthy @ Moorthy Shivaramakrishnan appears to be very grave and needs thorough investigation.

9. The first respondent is directed to move appropriate petition before the concerned Magistrate Court to cancel the bail. The 5th respondent namely The Central Bureau of Investigation, shall conduct a preliminary enquiry in this matter based on the complaint given by the petitioner and act in accordance with law. The Passport Authority shall also consider the complaint whether the Indian Passport issued by them is valid any more, in view of the American Passport issued to Kathirava Moorthy @ Moorthy Shivaramakrishnan and whether it has to be impounded and penal action should be taken against him for not surrendering the Indian Passport before or immediately after obtaining the American Passport.

10. With theses observations and directions, these criminal original petitions stand disposed of.

19.09.2017

Speaking / Non-speaking order
Index : Yes/No
Internet : Yes/No

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To

1. The Sub Inspector of Police,
W-2, All Women Police Station,
Madipakkam, Chennai
Crime No.2/2010.

2. The Ministry of External Affairs,
Government of India,
‘E’ Block, Central Secretariat,
New Delhi 110 001.

3. The Regional Passport Officer,
D-13, The Great Oasis,
No.21, Mibc Maromn, Antheri,
East Mumbai 400 093.

4. The Chief Immigration Officer,
Bureau of Immigration,
Sasthri Bhavan, Haddows Road,
Nungambakkam, Chennai 600 006.

5. The Central Bureau of Investigation,
Office of the Central Bureau of Investigation,
Haddows Road, Chennai 600 006.

6. The Government Advocate (Criminal Side)
High Court, Madras.

Dr.G.JAYACHANDRAN, J.,

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7. The Special Public Prosecutor (for CBI Cases)
High Court, Madras.

8. Assistant Solicitor General of India
High Court, Madras.

Crl.O.P.Nos.17881, 17882 17883 of 2017

19.09.2017

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