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2020 (5) TMI 726

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..... same would be subject to the petitioners remitting a sum of Rs.40 lakhs to the complainant s bank account by 3 P.M. tomorrow, i.e. 21.05.2020.
HON'BLE MS. JUSTICE REKHA PALLI For the Petitioner : Mr.Harshit Tolia, Sr.Adv. with Mr.Anne Mathew, Adv. For the Respondent : Mr.Sanjay Loa, ASC for R-1. Ms.Sanju Rai, I.O. Mr.P Jauhar, Adv for complainant. ORDER REKHA PALLI, J (ORAL) CRL M.A. 6618/2020 1. Allowed, subject to all just exceptions. CRL.M.As. 6619/2020 & 6620/2020 2. The petitioners shall file their duly attested affidavits and court fees within four weeks of the lockdown being lifted. 3. The applications stand disposed of. W.P. (Crl.) 829/2020, CRLM.A. No.6617/2020 4. The present petition has been taken up for hearing .....

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..... Airport when they landed on 06.12.2019 for a religious visit to India. He submits that it was only then that they were informed that LOCs had been issued against them by the Bureau of Immigration at the request of the Deputy Commissioner of Police, SPU W&C, PTS Malviya Nagar. Resultantly, they were detained at the airport itself and released after a lengthy investigation of four hours conducted by the I.O. 8. He submits that keeping in view the failing health of the petitioners and the ongoing pandemic, they need to be treated by their doctors at Johannesburg, South Africa. In view of the recent information received from the Consulate of the Republic of South Africa, an emergency flight from India to South Africa has been scheduled on 22.0 .....

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..... fidavit annexed with the petition as Annexure P-13. 9. By placing reliance on the decision dated 11.08.2010 of this Court in Sumer Singh Salkan v. Asstt. Director & Ors. [W.P.(CRL.) No.1315/2008], he submits that once the petitioners have joined investigation and are willing to extend their fullest cooperation in the investigation, the LOCs have served their purpose and therefore there is no reason to deny the petitioners an opportunity to return to their home in South Africa and get the appropriate treatment. 10. Issue notice. Mr.Sanjay Lao, ASC and Mr.P Jauhar, Adv accept notice for the State and the complainant respectively, and waive off their right to file reply. Accordingly, with the consent of the parties, the matter is taken up fo .....

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..... re eased out. They will also remain bound by their undertaking to not create third party rights in the flat bearing no.801/B, Anmol Apartment, Gandevi Rd, Lunsikui, Navsari, Gujarat. Upon receiving confirmation from the complainant as also the petitioner that the amount of Rs. 40 lakh has been remitted in the aforesaid account of the complainant, the concerned I.O. and DCP will inform the Bureau of Immigration, Ministry of Home Affairs, Government of India, immigration authorities at the Mumbai Airport and any other airports, as may be required, about this judgment so as to facilitate the petitioners' travel on the repatriation flight to South Africa on 22.05.2020. The petitioners will also be at liberty to inform the concerned authorities .....

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