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1994 (9) TMI 371

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..... ffice at Delhi. As the said company intended setting up another Cold Rolling Plant at the same place which would manufacture the widest range of Cold Rolled Steel Sheets in the country with the latest technology, a proposal for selecting a foreign collaborator had been mooted so that this technology could be obtained. It is also the case of the petitioner that financial assistance had been sought for the two plants from the Industrial Credit and Investment Corporation of India Ltd; and the Industrial Development Bank of India and the said assistance had in principle been cleared. The case of the petitioner further is that he had earlier planned to visit Japan, Korea, Europe and other places with effect from 22nd July, 1994, but in view of t .....

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..... ce-President, Bhushan Industries Ltd. Chandigarh. He has also urged that the apprehension of the respondent that the petitioner would not be available for investigation as and when required, is not founded on reality as despite the fact that the petitioner was released on bail on 14th May, 1994 he has been summoned by the CBI only once for the purpose of investigation. Be that as it may this apprehension, to my mind, stands allayed as the petitioner through his counsel undertakes to appear before the CBI on two days before he proceeds abroad. The petitioner is accordingly directed to appear before the Superintendent of Police CBI on 8th and 12th September, 1994, at 10 a.m. for interrogation. Mr. Surjewala has further stated on instructions .....

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..... to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Admittedly, it is not open to the Special Judge to modify or review his order except for the limited reasons given in Section 362 of the Code, but this embargo cannot be applied on the High Court exercising its powers under Section 482 of the Code. In view of the position explained above, the petition is allowed and a direction is issued to the Regional Passport Officer, Chandigarh, to return the passport of the petitioner forthwith. It is also directed, as has been urged by Mr. Handa, that before the petitioner leaves India he shall furnish to S.P.,C.B.I. Chandigarh a detailed itinerary of his proposed visit abroad. The petitioner will also file an af .....

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