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2019 (5) TMI 2009 - DELHI HIGH COURTChallenge to Look Out Circular - It is alleged that the petitioner had exerted personal influence over other bank officials to grant facilities to undeserving borrowers, thereby causing wrongful loss to the banks and wrongful gain to the persons accused - HELD THAT:- This Court is, prima facie, of the view that the submission made by the IO was only for the purpose of opposing the petitioner’s application and there was no urgent requirement for the petitioner to be confined in this country. This is obvious from that fact that the investigating agency has not interacted with the petitioner during the past over seven months. Even after being restrained from leaving the country and returning home, for over a year, the petitioner is not an accused in any of the cases. As notice above, no charge sheet has been filed by the CBI. The instrument of a LOC is only to be used in an urgent situation where a person is found to have been evading the process of investigation. The investigating agency must circumspect in using this instrument, as it seriously affects the fundamental rights of the citizen, who is restrained from travelling. In the facts of this case, more so as the petitioner has taken up residence in the UK and he has been restrained from joining his wife and son who continue to reside in the UK. This Court is of the view that the petitioner cannot be stopped from leaving this country by using the instrument of an LOC - the petitioner is permitted to travel overseas for a period of five weeks, subject to meeting the conditions imposed - petition allowed.
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