9911796707
TMI Blog2024 (11) TMI 706X X X X Extracts X X X X X X X X Extracts X X X X ..... of the parties and is taken up for final disposal. Mr. Halwasia, waives notice on behalf of the respondent No.1. Learned A.P.P waives notice on behalf of the respondent No.3-State. 3. By this petition, the petitioner seeks quashing and setting aside of the Look Out Circular ('LOC'), issued against him, at the behest of the respondent No.1-Serious Fraud Investigation Office ('SFIO'). 4. Learned counsel for the petitioner states that the petitioner is not an accused in the case registered by the Economic Offences Wing (E.O.W), Mumbai and in the charge-sheet filed by the E.O.W, as against the petitioner's father. He submits that though the Securities and Exchange Board of India ('SEBI') had filed prosecution complaints in 2019 in the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itional Public Prosecutor, appearing on behalf of the respondent No.1, vehemently opposes the petition. He submits that the petitioner can seek permission of this Court, whenever he intends to travel instead of quashing the LOC, more particularly since cognizance of the SFIO's complaint is still to be taken. He submits that an total amount of Rs. 4,72,00,000/- has been transferred to the petitioner's account from Pancard Clubs Limited and that the petitioner has purchased lands from these monies. Mr. Halwasia, relied on the judgments of this Court in the case of Chaitya Shah v/s Union of India and Others 2021 SCC OnLine Bom 3967, and Ramesh Himatlal Shah v/s Union of India and Others Cr. Writ Petition No.3009 of 2021, decided on 5th Jul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sought for, by the office of the SFIO. The said emails relied upon by the petitioner are dated 8th October 2021, 6th April 2022 and 18th July 2022. It is not the case of the respondent No.1 that the petitioner has not co-operated with the investigation. Infact this Court on 3 occassions permitted the petitioner to travel overseas vide orders dated 9th June 2023, 11th September 2023 an 16th January 2024 respectively, on certain terms and conditions stipulated in the said orders. It is not in dispute that the petitioner has abided by the terms and conditions stipulated in the said orders. It appears that the petitioner has businesses overseas, as a result of which, he is required to regularly travel overseas. It also appears that the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as such interferes with the person's right of personal liberty and free movement and curtails the fundamental right of an individual to travel, guaranteed under Article 21 of the Constitution." 9. In order to assail the fear of the learned counsel for the respondent No.1, that the petitioner would not be available, when the Court takes cognizance of the prosecution case, we directed the learned counsel for the petitioner to file an affidavit of the petitioner undertaking to co-operate with the trial Court. Accordingly, learned counsel for the petitioner has tendered an affidavit of the petitioner dated 12th July 2024. The said affidavit is taken on record and marked 'X' for identification. In the said affidavit, the petitioner ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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