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2014 (2) TMI 1407 - HC - Indian LawsSeeking withdrawal of Look Out Circular - fundamental right to travel abroad - HELD THAT:- It cannot be lost sight of that the settled law is that 'Right to Travel Overseas' is a 'Fundamental Right' guaranteed under Article 21 of the Constitution of India, which was held so, in the decision of the Hon'ble Supreme Court in Satwant Singh Sawhney V. D. Ramarathnam, [1967 (4) TMI 196 - SUPREME COURT] and also the same was reiterated in the decision of the Hon'ble Supreme Court in Maneka Gandhi V. Union of India, [1978 (1) TMI 161 - SUPREME COURT]. It cannot be gainsaid that the law of one's right to travel abroad is governed by the tenor and spirit of the Passports Act, 1967 (15 of 1967). Indeed, Section 3 of the Act under the caption 'Passport or travel document for departure from India' specifies that 'No person shall depart from, or attempt to depart from India, unless he holds in this behalf a valid passport or travel document' - Section 6 of the Passports Act, 1967 speaks of 'Refusal of Passports, travel documents', etc. In fact, sub-clause (1) of Section 6 of the Passports Act, 1967 enumerates the grounds on which an endorsement on a passport or travel document for visiting any foreign country shall be refused. Likewise, sub-clause (2) also mentions the grounds on which the passport or travel document for visiting any foreign country shall be refused. It is to be borne in mind that neither Charge Sheet nor Final Report is defined under the Criminal Procedure Code. In whatever term it is mentioned viz., Charge Sheet or Final Report it only means a 'Report' under Section 173 Cr.P.C. which has to be filed by the concerned Police Officer on completion of his investigation. It cannot be gainsaid that the Charge Sheet/Final Report is filed so as to enable the concerned Court of Law to apply its mind whether cognizable offence thereupon ought to be taken or not. The report is ordinarily filed in prescribed format. The Charge Sheet is nothing but a Final Report of Police Officer under Section 173(2) Cr.P.C. The said report is an intimation to the Magistrate that upon investigation into a cognizable offences, the Investigating Officer was able to procure sufficient evidence for a Court to enquire into the offence. No wonder, the Magistrate must give notice and opportunity of hearing to the Informant before accepting the final report or closing the same - one cannot ignore an important fact that if the Investigating Officer finds sufficient evidence even against an absconding accused, the law does not require the filing of charge sheet must await the arrest of the said accused. The Look Out Circular which was originally issued by the 1st Respondent on 06.10.2012 and opened for a year against the Petitioner, was further extended for six months period till 26.05.2014 by the Bureau of Immigration, (MHA) Government of India, Chennai 6 as per letter dated 27.01.2014, in terms of the request received from the 1st Respondent dated 16.12.2013. Admittedly, as against the Petitioner/A2 the investigation is pending in respect of the Crime No. 304 of 2012 originally on the file of the 3rd Respondent and later on transferred to the file of 2nd Respondent. It is the stand of the Respondents that only because of the attitude of the Petitioner/A2, they are unable to proceed further in regard to the investigation of the case - the LOC can be withdrawn by the authorities concerned, who issued the same. Indeed, the Criminal Court's jurisdiction in cancelling LOC or affirming the same is quite in tune with the jurisdiction of cancellation of Non Bailable Warrant. Petition dismissed.
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