Sheetal Kishinchand Tejwani v. State Of Maharashtra And ANR

Digitally signed by SHAGUFTA Q PATHAN Date:

2023.03.31 11:49:31 +0530 SHAGUFTA Q PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3806 OF 2022 Sheetal Kishinchand Tejwani

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Sagar Kursija i/b Ms. Susmita Suhas Murkute for the Petitioner Ms. S. S. Kaushik, A.P.P for the Respondents-State Dy. S.P Ms. Sunita Navle from CID, Pune, is present CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

WEDNESDAY, 29 th MARCH 2023 P.C :

By this petition, the petitioner seeks the following substantive relief :

"b) This Hon'ble Court may kindly be pleased to quash and set-aside look-out notice dated 02/02/2019 issued by Respondent No. 2 in connection with CR No. 145/2018 originally registered with Shivajinagar Police 1/4

Station, Pune and now being investigate by Respondent No. 3 Dy. Superintendent of Police CID Pune Division." Perused the papers. The petitioner, along with some other co-accused, was prosecuted for the offences punishable under Sections 420, 465, 467, 468, 471, 34 of the Indian Penal Code. After investigation, charge-sheet was filed as against the petitioner as well as other co-accused. Pursuant thereto, the petitioner filed an application seeking her discharge from the said case. The said discharge application was allowed by the learned Additional Chief Judicial Magistrate, Pune, vide order dated 21st May 2022 and as such, the petitioner was discharged from the said case i.e. RCC No. 4251/2021 (arising from C.R. No. 145/2018 registered with the Shivajinagar Police Station, Pune) for the offences as stated aforesaid.

Learned A.P.P has filed an affidavit of Mr. Sandeep Singh Gill, Deputy Commissioner of Police, Zone-I, Pune City. 2/4

The said affidavit is at page 121 of the petition. In the said affidavit, in paragraph Nos. 4 and 5, it is stated as under : "4.

I state and submit that it is a fact of record that the lookout circular was issued pursuant to the registration of the said crime at the instance of Respondent No. 2. I say and submit that since the said LOC was issued on 02.02.2019 and which was valid for period of one year and thereafter the said LOC was not reviewed neither correspondence for revival of the said LOC was communicated by my office to the Bureau of Immigration (Ministry of Home Affairs), Government of India.

5.

I state and submit that the Deputy Director, Bureau of Investigation (B.I.O.) has been intimated to withdraw the lookout circular vide Letter No. DCP/Zone-I/637/2023, attached hereby as Annexure 1. Hence, there is no question now of again reviewing the said LOC at the behest of Investigating Agency."

Learned A.P.P has also tendered a letter dated 24th March 2023 issued by the Joint Deputy Director of the Bureau of Immigration, Ministry of Home Affairs, Government of India addressed to the DCP, Zone-I, Pune City. In the said letter, it is 3/4

stated that the LOC of the petitioner has already been deleted on 10th July 2020 as her retention period was over on 1st February 2020 and since there was no request for its continuance. The said letter is taken on record.

In view of what is stated aforesaid, nothing survives for consideration in the petition. Petition stands disposed of. All concerned to act on the authenticated copy of this order.

SHARMILA U. DESHMUKH, J.

REVATI MOHITE DERE, J.

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