Bombay High Court
Divya Kumar Jain Director Of K.A. Malle ... vs Union Of India And Anr on 13 September, 2019
Bench: Ranjit More, N. J. Jamadar
909-WP-4587-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 4587 OF 2019
Divya Kumar Jain ..... Petitioner
versus
Union of India through
Central Bureau of Investigation and Anr. .....Respondents
Ms. Ruju R. Thakkar i/b Udaipuri & Co., for the Petitioner.
Mr. H.S. Venegaonkar, for Respondent no.1.
Ms. Sangita Shinde, APP for the State.
CORAM : RANJIT MORE &
N. J. JAMADAR, JJ.
DATE : 13th September, 2019.
P. C. :
1 Heard.
2 The petition is filed for following reliefs :
"(a) That this Hon'ble Court be pleased to issue an
appropriate Writ, Order and or Direction, directing the
Respondent No.1 and / or all of them to forthwith quash and or
set aside the Look Out Circular issued against the Petitioner
having a valid Passport No.Z4635325 valid until 14 th November,
2027;
(b) That this Hon'ble Court be pleased to issue an
appropriate Writ, Order and or Direction, directing the
Respondent No.1 to not prevent, refrain and or restrict the
Petitioner herein from travelling abroad and detaining and
arresting the Petitioner herein in any immigration (entry or exit)
point in India by interfering with his right to travel abroad and
freedom of movement within or outside India;
3 The petitioner contends that he is suspected accused in a FIR
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registered by the CBI on 24th February, 2012 for the offences punishable
under Sections 120-B read with Section 420 of Indian Penal Code and
Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption
Act, 1888. This FIR is registered against 20 persons. One Santoshkumar
Prakashchand Doshi was named accused in the said FIR.
4 The CBI has issued Look Out Notice and this Look Out Notice
was challenged by the said Santoshkumar Prakashchand Doshi by filing
Writ Petition No. 3272 of 2019. We noted that since 2012 though
investigation is going on, no charge-sheet is filed in the said FIR. We also
noted that Santoshkumar Prakashchand Doshi was co-operating with the
investigation and despite this the LOC has been issued against him. We
relied upon the decision of the Delhi High Court in Writ Petition (Cri)
1315 of 2018 in Sumer Singh Salkan Vs. Assistant Director and Ors., dated
11th August, 2010 and allowed the petition and, consequently, the LOC
against Santoshkumar Prakashchand Doshi was quashed and set aside.
5 The case of the petitioner stands on a higher footing than said
Santoshkumar, inasmuch as petitioner is not named in the FIR and still
LOC is issued against him.
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6 Mr. Venegaonkar the learned counsel for respondent no.1,
however, states that for want of instructions he can not make any
statement. He seeks time to take instructions and file necessary reply.
7 In view of the aforesaid, petition is adjourned. Stand over to 3 rd
October, 2019.
8 The learned counsel for the petitioner, at this stage, submits
that the petitioner wants to go to Dubai between 15 th September, 2019 to
17th September, 2019 to attend the International Trade Fair. In the face of
LOC notice, he cannot attend the said fair. In the light of the fact that the
petitioner is not named in the FIR and, at this stage, it is not the case of
CBI also that he is not co-operating and he is likely to abscond, we pass the
following ad-interim order.
ORDER
(i) The petitioner is permitted to travel to Dubai between 15 th September, 2019 to 17th September, 2019 to attend the International Trade Fair;
(ii) During the above period, the LOC issued against him at the instance of respondent no.1 shall remain suspended;
(iii) The petitioner, after the return from Dubai, within a period of one week, shall attend the office of respondent no.1 for interrogation, if necessary;
(iv) The petitioner shall give the details regarding his mobile Rekha Patil 3/4 ::: Uploaded on - 13/09/2019 ::: Downloaded on - 14/09/2019 02:52:25 ::: 909-WP-4587-2019.doc number and address where he would be staying at Dubai to the Investigating Officer, before leaving India;
(v) All concerned to act on the authenticated copy of this order.
[ N. J. JAMADAR, J.] [RANJIT MORE, J.] Rekha Patil 4/4 ::: Uploaded on - 13/09/2019 ::: Downloaded on - 14/09/2019 02:52:25 :::