Roopa Kudva v. Union Of India And ORS
2023:BHC-AS:28744-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3472 OF 2023 IN WRIT PETITION NO. 3046 OF 2023 Roopa Kudva ...Applicant.
V/s.
Union of India and Ors.
...Respondents.
Ms. Ankita Singhania & Ms. Syeed Y. Mulani i/by Mulani and Co. for the Applicant.
Ms. Neha Bhide for Respondent Nos.2 & 3.
Ms. A.S. Pai, Public Prosecutor a/w Mr. J. P. Ygnik, APP for RespondentState. CORAM : A.S. GADKARI & SHARMILA U. DESHMUKH, JJ.
DATE : 27th September, 2023.
P. C. :
1.
Heard Ms. Ankita Singhania, for the Applicant, Ms. A.S. Pai, Public Prosecutor for Respondent-State and Ms. Neha Bhide for Respondent Nos.2 & 3.
2.
By this Interim Application, the Applicant seeks suspension of lookout circular/notice or any other document imposing travel restrictions on the Applicant to enable the Applicant to travel to Copenhagen, Denmark from 2th October, 2023 to 7th October, 2023. 1/ 4
3.
Ms. Singhania, learned counsel for the Applicant submits that, vide Order dated 11th September, 2023 this Court had permitted the Applicant to travel to Hong Kong during the period from 9th September, 2023 to 15th September, 2023 and liberty was granted to the Applicant to file fresh application for travel to Copenhagen, Denmark. She would further submit that the Applicant has in the past traveled overseas on many occasions after the lodging of FIR and has returned back to India.
4.
Ms. Bhide, learned counsel for the Respondent No. 2 & 3, on instructions, do not have serious opposition and would submit that permission to travel can be granted subject to the same terms and conditions imposed by this Court vide Order dated 11th September, 2023.
5.
The Applicant was permitted by this Court to travel to Hong Kong for the period from 9th September, 2023 to 15th September, 2023 on certain terms and conditions. It is not disputed that the Applicant has complied with the conditions imposed by this Court and has returned to India. As such, there is no impediment to permit the Applicant to travel to Copenhagen, Denmark for the period from 2nd October, 2023 to 7th October, 2023. Accordingly, the Application is allowed on the following 2/ 4
terms and conditions :
(i) Applicant- Roopa Kudva is permitted to travel to Copenhagen, Denmark during the period 2nd October, 2023 to 7th October, 2023;
(ii) Applicant, before her departure, to furnish the full itinerary of her overseas travel with all details, including the addresses where she would stay, telephone/mobile/contact numbers, on which she can be contacted during the said period, to Respondent Nos.2 and 3;
(iii) Applicant shall not apply for renewal or extension of this Order until she returns to this Country;
(iv) The Immigration Authorities on all points of departure, will permit the Applicant to pass through immigration and to board her flight or flights, irrespective of whether the immigration system has been updated and whether Respondent Nos.2 and 3 have informed the Immigration Authorities or not;
(v) To enable the Applicant to travel, the operation of the LOC/document placing travel restrictions on the Applicant, is stayed from 2nd October, 2023 to 8th October, 2023. 6.
Learned counsel for Respondent Nos.2 and 3 to communicate this order to the immigration authorities forthwith upon the order being uploaded.
3/ 4
7.
Interim Application is disposed of in the aforesaid terms. 8.
All concerned to act on the authenticated copy of this order. (SHARMILA U. DESHMUKH, J.) (A.S. GADKARI, J.) 4/ 4