Girish Sagar S/O Sh Manubhai Sagar v. Direcgtorae Of Enforcement Thorugh Shri R. K. Pandey And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2332 OF 2016 Girish Sagar.

..Petitioner.

Versus

Directorate of Enforcement and Others.

..Respondents.

Mr. Hrishikesh Chavan i/b Ms. M. K. Sinh for the Petitioner. Mr. S. K. Shinde for Respondent No. 1 and 2.

Mrs. G. p. Mulekar APP for the State.

Coram : Ranjit More & Dr. Shalini Phansalkar-Joshi, JJ.

Date : December 21, 2016.

P. C. :

1.

Heard. By this petition filed under Article 226 of the Constitution of India, the Petitioner is challenging the lookout circular dated 10th February 2016 issued by the Intelligence Bureau, Ministry of Home Affairs.

2.

Learned Counsel appearing for the Petitioner submitted that said lookout circular is challenged on the ground that the same can be issued only against a person who is accused. He submitted that at the time of issuance of circular, the Petitioner was not an accused in any case.

3.

Mr. Shinde, the learned Counsel appearing for patilsr 1 / 2

Respondent No. 1 placed before us the confidential report as on 14th December 2016. We have perused the same and returned back to Mr. Shinde. The report shows that CBI has registered FIR against the Petitioner on 19th September 2016 under section 120B read with 420 of the Indian Penal Code, 1860 and sections 13(2) and 13(1)(e) of the Prevention of Corruption Act, 1988. The said report further shows that on the basis of the said FIR, Enforcement Directorate has registered ECIR No.02/M20/207 on 1st November 2016 and investigation by the Enforcement Directorate is in progress.

4.

In above circumstances, we are not inclined to entertain this writ petition and the same is accordingly dismissed. [Dr. Shalini Phansalkar-Joshi, J.] [RANJIT MORE, J.] patilsr 2 / 2