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2021 (8) TMI 1296

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..... rom prestigious universities abroad, has now secured admission at the Harvard Kennedy School, John F. Kennedy School of Government for undergoing a two-year MPA course. In light of the fact that the petitioner s father is willing to furnish an undertaking not to leave the country while the petitioner is abroad, do not find the petitioner evidencing any intent of absconding from India. The question of whether the LOC issued in 2019 can now stand in the way of the petitioner travelling abroad is yet to be determined. No doubt, the respondent claims to have already filed a complaint against the petitioner for an offence under the Black Money Act; however, as on date, no cognizance has been taken of the said complaint and therefore, I am inclin .....

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..... MS. JUSTICE REKHA PALLI For the Petitioner : Mr. N P Sahni, Mr. Naveen Kumar and Mr. Anurag Singh, Advs. For the Respondent : Mr. Gaurang Kanth CGSC with Mr. Shreesh Chadha Adv., Ms. Vibhooti Malhotra, Sr. St. counsel with Mr. Shaliender Singh and Mr. Udit Sharma, Advs. O R D E R CM APPL. 21426/2021 1. This is an application filed by the petitioner, who is a young man aged about 30 years, seeking suspension of the look-out circular ( LOC ) so as to enable him to travel to US. The petitioner, who has completed his B.Sc from London School of Economics and thereafter, obtained his M.Sc from University of Oxford, has now been able to secure admission in a two-year course i.e. Master in Public Administration ( MPA C .....

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..... has also placed on record - a copy of the admission offer letter, as also copies of the flight tickets. 3. The application is vehemently opposed by learned counsel for respondent nos. 3 4, who submits that sanction for prosecution of the petitioner and his father under Section 50 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 ( Black Money Act ) has already been granted, which offence is a cognizable and non-bailable offence. In fact, a complaint in this regard already stands filed before the concerned Additional Chief Metropolitan Magistrate ( ACMM ), Special Acts, Tis Hazari in accordance with law. She submits that the said complaint is likely to be taken up for consideration in the next f .....

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..... ntent of absconding from India. The question of whether the LOC issued in 2019 can now stand in the way of the petitioner travelling abroad is yet to be determined. No doubt, the respondent claims to have already filed a complaint against the petitioner for an offence under the Black Money Act; however, as on date, no cognizance has been taken of the said complaint and therefore, I am inclined to grant permission to the petitioner to travel to US for a period of two-years to attend the MPA Course, subject to the following conditions: (i) The petitioner will keep the respondents informed about his travel itinerary from time to time; (ii) He will not tamper with the evidence or contact any person who is a part of the investigation; ( .....

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