Calcutta High Court (Appellete Side)
Hiren Panchal And Another vs Union Of India And Another on 9 September, 2024
Author: Shampa Sarkar
Bench: Shampa Sarkar
September 9, 2024
Sl. No.6
Court No.9
srm/s.biswas
WPA 20332 of 2024
Hiren Panchal and another
vs.
Union of India and another
Mr. Sudip Deb
Mr. Riju Ghosh
Ms. Ipsita Ghosh
... for the Petitioners.
Mr. Souvik Nandy
Mr. Sukanta Ghosh
... for the Respondent Nos.1 to 3, 6 & 8.
Mr. Amajit De, Special PP, CBI ... for the CBI.
1. The petitioner No.1 is a business man. The petitioners are aggrieved by issuance of a lookout circular, by the Bureau of Immigration at the request of Central Bureau of Investigation.
2. The disputes arise due to non-payment of alleged dues of the bank. Loan was availed of by the petitioners, upon creation of equitable mortgage by deposit of title deeds of certain properties. The bank found some discrepancies in those deeds and referred the matter to the Central Bureau of Investigation for investigation. The Central Bureau of Investigation started its investigation and filed a charge-sheet. The petitioners were charge-sheeted. The matter is now before the learned jurisdictional court. The petitioners were enlarged on bail by the learned Metropolitan Magistrate CBI Court (Calcutta). 2
3. The petitioners had approached the criminal court on a few occasions for permission to travel. Such permission was granted.
4. Here, the petitioners have challenged the lookout circular.
5. The matter has to be heard on affidavits.
6. Let affidavit-in-opposition be filed by the respondents within a period of four weeks; reply thereto, if any, be filed within two weeks thereafter.
7. Liberty is given to the parties to mention the matter before the appropriate Bench after expiry of the aforesaid periods.
8. Copy of the lookout circular shall be filed in a sealed cover, but the satisfaction of the ingredients which led the CBI to originate a request for the lookout circular shall be narrated in their affidavit.
9. The lookout circular is stayed, which means that the petitioners will not be detained at the airport on the basis thereof, but as a trial is pending, the petitioners will have to obtain permission from the learned trial court on each and every occasion they seek to leave the country on business and the learned trial court will decide such application in accordance with law, independently and impose such terms and conditions as the learned court deems fit and proper.
(Shampa Sarkar, J.)