Nitin Garg v. State Ofnct Of Delhi & ANR.
$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1093/2023 & CRL. MA 10364/2023 NITIN GARG .....Petitioner Through:
Mr. Aman Sharma, Mr. Tarun Mehra and Mr. Raghav Sood, Advocates.
versus STATE OFNCT OF DELHI & ANR .....Respondents Through:
Mr. Amol Sinha, ASC (Crl.) for the State with Mr. Kshitiz Garg, Mr.
Ashvini Kumar and Ms. Chavi Lazarus, Advocates with Inspector Dharmendra Kumar, PS EOW, Mandir Marg, Delhi.
Mr. Anurag Ahluwalia, CGSC for UOI with Mr. Kritagya Kumar Kait and Ms.
Hridyanshi Sharma, Advocates for respondent no.2.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 14.11.2024 1.
By way of present petition filed under Article 226 of the Constitution of India, the petitioner seeks quashing of the Lookout Circular ('LOC') opened in the name of the present petitioner. 2.
Learned counsel for the petitioner submits that during the investigation, the investigating agency had issued a notice under Section 41A Cr.P.C. on 13.12.2021, consequent to which, the petitioner joined the investigation on 15.12.2021 as well as on 22.02.2022. He further submits that on account of the issuance of the LOC, the petitioner could not attend The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/11/2024 at 12:39:30
the Annual EMEA Regional Conference which was to be held from 15.05.2022 to 18.05.2022 in Budapest, Hungry. He also submits that the petitioner continued to join investigation even thereafter. Moreover, he submits that on the basis of the present case, even the Enforcement Directorate registered an ECIR against the petitioner. Learned counsel for the petitioner also submits that the petitioner thereafter has travelled abroad on various occasions. He further states that the petitioner was permitted to travel abroad on 09.12.2022, 10.05.2023 and 26.04.2023. He furthermore submits that the petitioner duly came back and did not violate any condition of the orders granting him permission to travel abroad. 3.
Mr. Sinha, learned ASC (Crl.) for the State submits that the investigation is still pending and the applicant has never been arrested in the present case.
4.
Considering the fact that the petitioner has continued to join investigation and has even travelled abroad on multiple occasions and not stated to have misused the said concessions, the LOC issued in consequence of the request sent to the Bureau of Immigration by the EOW on 09.02.2022 against him is quashed, subject to the condition that in case the petitioner has to travel abroad, he would give necessary intimation as well as travel itinerary to the concerned I.O. before undertaking the travel. 5.
The I.O. will take requisite steps to inform the Bureau of Immigration of the order passed today.
6.
The petition is disposed of in above terms alongwith pending application.
MANOJ KUMAR OHRI, J NOVEMBER 14, 2024/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/11/2024 at 12:39:30