TMI Blog2019 (8) TMI 1777X X X X Extracts X X X X X X X X Extracts X X X X ..... iate to defer the quashment of look-out-notice by a reasonable period to facilitate effective investigation in the intervening period. At the same time, to address the immediate concern of the petitioner to travel abroad urgently, we find it appropriate to direct the suspension of operation of look-out-notice for a period of 10 days - The subject look-out-notice issued at the instance of respondent no.1, on 22nd June, 2018, shall remain suspended for the period of 10 days i.e. from 2nd September, 2019 till 11th September, 2019. Petition disposed off. - CRI WRIT PETITION NO. 263 OF 2019 IN RC (A)/2012 Mum - - - Dated:- 29-8-2019 - RANJIT MORE AND N. J. JAMADAR, JJ Dr. Sujay Kantawala, I/b Jayant Gohil, for the Petitioner. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... furnished copy of his passport and photograph to respondent no.1. The petitioner further submits that on 15th August, 2018, he was restrained/ detained and off loaded and was not allowed to travel out of India by the immigration officers of respondent no.2 on the basis of respondent no.1 s look-out-notice. The petitioner, thereafter, on 24th December, 2018, requested respondent no.1 to provide and furnish the details of the look-out-notice. Those details were not provided. Thus, the petitioner has approached this Court for the reliefs stated hereinabove. 4. Mr. Venegaonkar, the learned Counsel for respondent no.1/CBI has opposed the petition by filing an affidavit-in-reply dated 12th February, 2019. Mr. Venegaonkar, submitted that on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elhi High Court in the case of Sumer Singh Salkan vs. Asstt. Director ors. ILR (2010) VI Delhi 706, he submitted that the respondent could not have issued Look Out Circular (LOC) in the absence of any material with respondent no.1 to conclude that the petitioner is deliberately evading arrest/trial. 6. Before the Delhi High Court in the case of Sumer Salkan (supra) the following questions arose for consideration: A. What are the categories of cases in which the investigating agency can seek recourse of Look-out-Circular and under what circumstances? B. What procedure is required to be followed by the investigating agency before opening a Look-out-circular? C. What is the remedy available to the person against whom such Look-o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9; jurisdiction in affirming or cancelling LOC is commensurate with the jurisdiction of cancellation of NBWs or affirming NBWs. 7. The decision of the Delhi High Court is based on the judgment of the Apex Court in Maneka Gandhi vs. Union of India1978(1) SCC 248. The decision of the Delhi High Court in Sumer Salkan (supra) is followed by the Madras High Court in the case of Cheruvathur Chakkutty Thampi @ C. C. Thampi vs. Union of India and others. in Writ Petition No.1104 to 1106 of 2017 and W.M.P. Nos.1077 to 1080 of 2017. 8. The decision of the Delhi High Court in the case of Sumer Salkan (supra) makes it abundantly clear that recourse to look-out-notice can be taken by the investigating agency in cognizable offences under IPC or t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner shows that the petitioner is very much available for the investigation. The petitioner is a Managing Director of Shalimar Rexine India Limited, which is stated to be engaged in manufacturing PVC leather and its ailed products and a largest exporter. The petitioner appears to have roots in India and Society to bind him down to his place of abode and business. 11. Dr. Kantawala, further submits that the petitioner needs to travel UAE and Saudi Arabia from Monday i.e. 2 nd September, 2019, for pilgrimage. 12. In these circumstances, we are of the considered view that the look-out-notice could not have been issued after the period of six years from the date of registration of subject crime, especially in absence of any material to s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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