Delhi High Court - Orders
Shiv Dargar vs Directorate Of Enforcement & Anr on 6 January, 2026
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8861/2025
SHIV DARGAR .....Petitioner
Through: Mr. Kumar Vaibhav and Mr.Dakshaja
Upadhyaya, Advocates.
versus
DIRECTORATE OF ENFORCEMENT & ANR. .....Respondents
Through: Mr. Vivek Gurnani, Panel Counsel
with Mr. Kanishk Maurya, Advocate
for R-ED.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 06.01.2026 CM APPL. 406/2026 (under Section 151 of CPC)
1. The applicant in the instant application prays for the following reliefs:-
"a) Pass ad-interim ex-parte Order and direction suspending and staying the operation of the Look Out Circular and/or such other document, issued by or at the behest of the Directorate of Enforcement and/or the Bureau of Immigration, in respect of ECIR/STF/02/2024 dated 23.01.2024 or any other proceedings, in respect of the Petitioner, whereby the Petitioner has been, or is sought to be, restricted from travelling abroad: and/or
b) Pass ad-interim ex-parte Order and direction, permitting the Petitioner to travel to the United States of America and Mexico between 19.02.2026 to 13.03.2026 subject to such terms and conditions as this Hon'ble Court may deem fit and appropriate.
This is a digitally signed order.
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c) Pass any such further orders as this Hon'ble Court may deem fit in the interest of justice."
2. It is the case of the petitioner that an FIR bearing No.8/2024 was registered at PS (EOW) against some of the accused persons, alleging therein that various foreign-registered online gaming companies were illegally providing access to the Indian residents. The offences were registered under Section 419/420/467/468/471/476/120B of the Indian Penal Code, 1860.
3. Admittedly, as on date, the petitioner has not been arrayed as an accused. The petitioner was summoned by the Investigating Agency and duly appeared, fully cooperating with the investigation. His last appearance pursuant to such summons was in June 2024. Since then, the petitioner has not received any further communication from the Investigating Officer.
4. The petitioner submits that he would undertake to further co-operate with the Investigating Agency and shall appear as and when his presence is required. He also submits that in the concerned Trial Court, the matter is fixed for framing of charges and the same would signify that the investigation is completed.
5. He, therefore, submits that during the pendency of the main writ petition, he be allowed to travel abroad. In paragraph no.8 of the application, the petitioner intends to undertake the following journey:-
DATE FROM DEPARTURE TO ARRIVAL AIRLINE
TIME TIME & FLIGHT
NO.
19.02.2026 New Delhi, 04:25 AM New York, 03:25 PM ETIHAD
India USA AIRWAYS
(via Abu
Dhabi)
EY219 /
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/01/2026 at 20:32:10 EY3 27.02.2026 New York, 11:29 AM Las Vegas, 02:26 PM JETBLUE USA USA AIRWAYS B6 2511 02.03.2026 Las Vegas, 11:17 PM Cancún, 10:00 AM DELTA USA Mexico AIR LINES (via Atlanta) DL 0722 / DL 2014 07.03.2026 Cancún, 05:09 PM Washington 08:29 PM UNITED Mexico DC, USA AIRLINES UA 1133 11.03.2026 Washington, 07:05 PM New Delhi, 01:10 AM DELTA USA India AIRLINES (via Amsterdam) DL9447 / DL9574
6. Learned counsel appearing on behalf of the petitioner also places reliance on the decision of this Court in the case of Sumer Singh Salkan vs. Asstt. Director & Ors.1 Paragraph no.11 thereof reads as under:-
"11. Look-out-Circular has also been issued against the petitioner as the petitioner is an accused before the Court of M.M. and he has not appeared before the Court of M.M. If the petitioner gives an undertaking before the Court for his appearance on a particular date, through his Counsel, the Look- Out-Circular issued against the petitioner shall be withdrawn within 24 hours of giving undertaking by the petitioner. The questions raised in the reference are as under:
A. What are the categories of cases in which the investigating agency can seek recourse of Look-out-Circular and under what circumstances.
B. What procedure is required to be followed by the investigating agency before opening a Look-out-circular 1 ILR (2010) VI DELHI 706 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/01/2026 at 20:32:10 C. What is the remedy available to the person against whom such Look-out- Circular has been opened D. What is the role of the concerned Court when such a case is brought before it and under what circumstances, the subordinate Courts can intervene The questions are answered as under:
A. Recourse to LOC can be taken by investigating agency in cognizable offences under IPC or other penal laws, where the accused was deliberately evading arrest or not appearing in the trial Court despite NBWs and other coercive measures and there was likelihood of the accused leaving the country to evade trial/arrest.
B. The Investigating Officer shall make a written request for LOC to the officer as notified by the circular of Ministry of Home Affairs, giving details & reasons for seeking LOC. The competent officer alone shall give directions for opening LOC by passing an order in this respect.
C. The person against whom LOC is issued must join investigation by appearing before I.O. or should surrender before the Court concerned or should satisfy the Court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. LOC can be withdrawn by the authority that issued and can also be rescinded by the trial Court where case is pending or having jurisdiction over concerned police station on an application by the person concerned.
D. LOC is a coercive measure to make a person surrender to the investigating agency or Court of law. The subordinate Courts jurisdiction in affirming or cancelling LOC is commensurate with the jurisdiction of cancellation of NBWs or affirming NBWs."
7. The aforesaid submissions are strongly opposed by learned counsel, who appears on behalf of the respondents.
8. I have heard learned counsel appearing for the parties and have perused the record.
9. It is seen that the petitioner has been fully co-operating with the Investigating Agency and has appeared as and when he was called for investigation. Thus, the instant application stands allowed, and the petitioner This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/01/2026 at 20:32:10 is allowed to travel as prayed, subject to the following terms and conditions:-
i. The petitioner shall furnish a security of Rs. 25 lakhs in the form of an FDR, which shall be furnished to the Registrar General of this Court. ii. The petitioner shall furnish the bank statements in respect of bank account/s held by the petitioner in any foreign country for the period since the date of the opening of the said bank account/s till date. The petitioner shall also not operate any foreign bank account/s while travelling to USA & Mexico.
iii. The petitioner shall file a detailed affidavit disclosing his complete itinerary, including his stay at various locations abroad as well as telephone numbers and residential/ hotel addresses. He shall also file an undertaking that he shall strictly adhere to the itinerary mentioned in the affidavit and not visit any other stations. He shall also furnish a copy of the air tickets purchased by him before the Registrar General of this Court;
iv. The petitioner shall also provide the contact numbers that he would use during the period of stay abroad, and at least one of the said contact numbers will be kept operational at all times, subject to all fair exceptions, including the period he is on board the aircraft; v. The petitioner shall file an undertaking before the Registrar that he shall return to the country on 12.03.2026. The petitioner shall intimate the Registrar General of this Court before leaving and within 72 hours of his return;
vi. The petitioner shall file a self-attested copy of his passport along with a copy of his visas, on his return to India.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/01/2026 at 20:32:10
10. In case any of the aforesaid conditions are violated, the aforesaid FDR shall be liable to be forfeited.
11. The permission to travel abroad given in this order shall be subject to all other applicable conditions and shall not be deemed as a direction to any other authority.
12. The application is disposed of in the above terms.
13. List before the Joint Registrar (Judicial) for verification of documents on 12.01.2026.
W.P.(C) 8861/2025
1. The parties are granted liberty to file written submissions [with reference to the PDF page number of the digital record of the Court], along with a convenience compilation of the relevant documents, and compilation on the judgments [with an index of the relevant paragraph(s) of the said decision(s), along with reference to the corresponding proposition of law].
2. They are further directed to keep ready a hard copy of the aforesaid, to be presented at the time of the hearing.
3. List for hearing on 16.03.2026.
4. The date earlier fixed i.e. 18.02.2026, stands cancelled.
PURUSHAINDRA KUMAR KAURAV, J JANUARY 6, 2026 Nc/mj This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/01/2026 at 20:32:10