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2019 (8) TMI 1777

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.... 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 Section 420 r/w 120(B) of IPC and u/s 13(2); 12(1)(d) of Prevention ....

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.... 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 22nd 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 and the details of each of those visits abroad are given at 'Exhibit -....

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....oercive 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 who ordered issuance of LOC & explain that LOC was wrongly issued against him. LOC can be withdrawn by the authority that is....

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....12 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 office on 11th February, 2019. It is not the case of respondent nos. 1 and 2 that prior to February, 2019, either the petitioner was called o....