Akhtar Hasan Rizvi v. State Of Maharashtra And ANR
1/4 905 wp 1975 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1975 OF 2023 Dr.Akhtar Hasan Rizvi ....Petitioner
Versus
The State of Maharashtra and Anr.
....Respondents ALONGWITH INTERIM APPLICATION (STAMP) NO.14224 OF 2023 ALONGWITH INTERIM APPLICATION NO.2570 OF 2023 ALONGWITH INTERIM APPLICATION NO.3211 OF 2023 IN WRIT PETITION NO.1975 OF 2023 .....
Mr.Rajiv Chavan, Senior Advocate a/w. Mr.Mahesh Mishra i/b. Ms.Priyanka B. Chavan, Advocate for the Petitioner. Mrs. P.P. Shinde, APP for Respondent No.1 - State. Mr.D.P. Singh, Advocate for Respondent No.2.
PI Babaram Shinde, Unit 5 EOW, Mumbai, present. .....
CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.
DATED : 4th APRIL 2024.
Digitally signed by RAJESHRI PRAKASH AHER Date:
2024.04.05 19:54:27 +0530 RAJESHRI PRAKASH AHER P.C. :
At the outset, learned counsel for the Petitioner seeks
2/4 905 wp 1975 of 2023.doc leave to amend the prayer clause. Leave granted. Amendment to be carried out forthwith, during the course of the day. The Petitioner, by this Petition preferred under Article 226 of the Constitution of India seeks quashing of the LOC issued against him at the behest of the Respondent No.1-EOW, in connection with C.R.No.786 of 2022, registered with Vakola Police Station, Mumbai, and subsequently transferred to EOW and re-numbered as C.R.No.121 of 2022 with the EOW Unit 5, Mumbai. The Petitioner seeks quashing of the LOC issued against him at the behest of the Respondent No.1-EOW. Perused the Petition. The Petitioner, aged 81 years is the director of M/s.Rizvi land Developments Private Limited, Mumbai. An FIR being C.R.No.
3/4 905 wp 1975 of 2023.doc Transfer) Act, 1963 ("MOFA"). The investigation in the said C.R. was subsequently transferred to the EOW Unit 5, Mumbai, and the C.R. was re-registered as CR.No.121 of 2022. It appears that an LOC was issued at the behest of the Respondent No.1-EOW, Unit 5, Mumbai, as against the Petitioner on 4th August, 2022. It is not in dispute that the Petitioner was permitted to travel on several occasions, pursuant to the various orders passed by this Court, in as much as, the LOC was suspended during the said period of travel. It is not in dispute that the Respondent No.1 i.e. the EOW Unit 5, Mumbai, has filed charge-sheet in the said case on 16th October 2023. Apart from the aforesaid C.R., admittedly there is no other case registered as against the Petitioner.
Learned APP, on instructions of PI Babaram Shinde, Unit 5 EOW, Mumbai, submits that since charge-sheet has been filed, the Respondent No.1 i.e. EOW Unit 5, Mumbai, has no objection to the quashing of the LOC issued at their behest, as against the Petitioner.
4/4 905 wp 1975 of 2023.doc In view of the aforesaid statement made by the learned APP on instructions, the LOC issued against the Petitioner at the behest of Respondent No.1-EOW Unit 5, is quashed. The Respondent No.1 i.e. officer of the EOW, Unit 5, Mumbai, to forthwith communicate the quashing of the LOC to the Immigration Authority forthwith, and in any event, within 48 hours of the orders being uploaded.
The Writ Petition is allowed and stands disposed of accordingly.
In view of the disposal of the Writ Petition, all Interim Applications also stand disposed of accordingly. All concerned to act on the authenticated copy of this order.
MANJUSHA DESHPANDE, J.
REVATI MOHITE DERE J.