Zara Michele Shilansky v. Union Of India & ANR.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6061/2024 ZARA MICHELE SHILANSKY .....Petitioner Through:

Mr. Rahul Chitnis, Mr. Hersh Desai, Ms. Shwetal Shepal and Mr. Aditya Khanna, Advocates.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Anurag Ahluwalia, CGSC with Ms. Hridyanshi Sharma, Advocate for UOI.

Mr. Nishe Rajen Shonker, Mr.

Keerthipriyan E. and Mr. Alim Anvar, Advocates for R-2/ State of Kerala.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 13.11.2024 CM APPL. 66297/2024 (for quashing of LOC) 1.

The present writ petition impugns the Lookout Circular1 opened against the Petitioner by the Bureau of Immigration at the request of police of State of Kerala. The LOC was issued in relation to FIR bearing No. 0390/2024 dated 16th April, 2024 registered with Fort Cochin, Police Station, Kochi, Kerala for alleged offences under Section 153 of the Indian Penal Code, 1860.

1 "LOC"

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 18/11/2024 at 12:28:07

2.

The Court is apprised that the afore-noted FIR has been quashed by the High Court of Kerala at Ernakulam through order dated 10th September, 2024 in Crl. M.C. 6800/2024 in CC No. 462/2024. Copy of the said order has been placed on record as Annexure B.

3.

In light of the foregoing, since the underlying FIR has been quashed, the LOC issued against Petitioner cannot survive. Accordingly, the instant application is allowed and the LOC issued by Bureau of Immigration at the request of State of Kerala against the Petitioner in connection with FIR No. 0390/2024, is quashed.

4.

Disposed of.

CM APPL. 61703/2024(on behalf of Petitioner seeking directions) 5.

The present application seeks release of the lien on Fixed Deposit and return of FDR.

6.

In view of the order passed in the above-noted application, the instant application is allowed. Registry is directed to return the FDR bearing No. 3950059869 to the applicant, Mr. Aaron Solomon. 7.

Disposed of.

8.

The next date of hearing fixed, i.e., 09th December, 2024 stands cancelled.

SANJEEV NARULA, J NOVEMBER 13, 2024 d.negi 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 18/11/2024 at 12:28:07