Saket Kamleshkumar Agarwal v. The Director, Serious Fraud Investigation Office And ORS.

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2024.05.08 14:27:22 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.265 OF 2021 WITH INTERIM APPLICATION NO.1344 OF 2023 WITH INTERIM APPLICATION NO.823 OF 2021 IN CRIMINAL WRIT PETITION NO.265 OF 2021 Saket Kamleshkumar Agarwal

...Petitioner/Applicant

Versus

The Director, Serious Fraud Investigation Office and Ors.

...Respondents

Mr. Naushad Engineer a/w Ms. Ankita Singhania, Mr. Ranjit Shetty, Mr. Yuvraj Choksy, Mr. Tejas Gokhale i/b Argus Partners, for the Petitioner/Applicant.

Mr. Hiten S. Venegavkar, Public Prosecutor i/b Mr. Pradeep Yadav, for the Respondent Nos.1 and 2-SFIO.

Mr. V. B. Konde-Deshmukh, Addl.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.

DATE : 6th MAY 2024 P.C. :

1.

By this petition, the petitioner seeks quashing and setting aside of the Look Out Circular ('LOC'), issued as against him at the 1/3

behest of the respondent Nos.1 and 2-Serious Fraud Investigation Office ('SFIO').

2.

Today, Mr. Venegavkar, learned Public Prosecutor appearing on behalf of the respondent Nos.1 and 2-SFIO, on instructions of Mr. Pradeep Yadav, Legal Advisor of the SFIO, states that the SFIO has taken a decision to withdraw the LOC/notice issued at their behest against the petitioner and that the same has been communicated to the Bureau of Immigration, Mumbai. He states that the said decision will be communicated to the petitioner by email/fax/letter, within 24 hours from today Statement accepted. 3.

In view of the aforesaid statement made by Mr. Venegavkar, learned Public Prosecutor, nothing survives for further consideration in the aforesaid petition. Petition stands disposed of accordingly.

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4.

Needless to state, that since the LOC has been withdrawn, the Immigration Authorities on all points of departure, will permit the petitioner to pass through immigration and to board his flight or flights, irrespective of whether the immigration system has been updated and whether the SFIO has informed the Immigration Authorities or not, of the withdrawal of the LOC issued against the petitioner.

5.

In view of the disposal of the main writ petition, the Interim Applications being Interim Application No.1344 of 2023 and 823 of 2021, do not survive and the same are also disposed of. 6.

All concerned to act on the authenticated copy of this order.

MANJUSHA DESHPANDE, J.

REVATI MOHITE DERE, J.

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