TaxTMI 
TaxTMI 
2019 (8) TMI 1777
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....rned APP for the State/respondent no.3. 2. The petition is filed for the following reliefs. "(a) That this Hon'ble Court be pleased to direct and call upon the Respondent No.1 and 2 to furnish the details of Look-out-notice issued by them the present petitioner, for the alleged offence under Section 420 r/w 120(B) of IPC and u/s 13(2); 13(1)(d) of Prevention of Corruption Act, 1988, vide No. RC 12(A)/2012 Mum. (b) That this Hon'ble Court be pleased to issue a Writ, or direction or any order in the nature of Writ of Certiorari under Article 226 of the Constitution of India and be pleased to quash and set aside the Look Out Notice issued by Respondent No.1 and RC 12(A)/2012 Mum. for the alleged offence under Secti....
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....ruption Act, 1988. There are total 20 persons arraigned as accused, including the petitioner, whose name appears at serial no.18. Mr. Venegaonkar, further submitted that in view of an apprehension that the petitioner may abscond and may never return to India to face legal action launched against him, look-out-notice was issued against the petitioner on 22^nd June, 2018, at the instance of respondent no.1. He lastly submits that, since the FIR is pending against the petitioner, no interference is called for, in this petition, at this stage. 5. Dr. Kantawala, the learned Counsel for the petitioner submitted that FIR is registered seven years back and from the date of registration of the subject FIR, he has travelled abroad on 17 occasions ....
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....here the accused was deliberately evading arrest or not appearing in the trial court despite NBWs and other coercive measures and there was likelihood of the accused leaving the country to evade trial/arrest. B. The Investigating Officer shall make a written request for LOC to the officer as notified by the circular of Ministry of Home Affairs, giving details & reasons for seeking LOC. The competent officer alone shall give directions for opening LOC by passing an order in this respect. C. The person against whom LOC is issued must join investigation by appearing before I.O. or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer w....
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....ates, on which the petitioner has appeared before respondent no.1 in the subject investigation. The chart shows that from 10th April, 2012 to 24th July, 2019 he appeared before respondent no.1 for eight times. This chart is not disputed by respondent no.1. That apart, the petitioner has travelled abroad on 17 occasions as disclosed in the chart annexed at 'Exhibit - C'. This chart is also not disputed by respondent no.1. On the contrary, an additional affidavit dated 15th March, 2019, filed by Mr. Girish Soni, P.I., CBI, ACB, Mumbai, on behalf of respondent no.1, shows that for the investigation purpose the petitioner was contacted by the investigating agency on 8th February, 2019 and the petitioner was directed to come to CBI offic....
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....ropriate 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. 13. In the above circumstances, we dispose of the petition by passing following order: (i) 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. (ii) The petitioner is allowed to travel to UAE and Saudi Arabia during the abovementioned period and....