Chandra Prakash Khandelwal v. Assistant Director, Serious Fraud Investigation Office, And ORS

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2024.04.20 16:03:05 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3694 OF 2023 Chandra Prakash Khandelwal

...Petitioner

Versus

Assistant Director, Serious Fraud Investigation Office and Ors.

...Respondents

Mr. Aabad Ponda, Senior Advocate a/w Mr. Nitesh Jain, Mr. Hridhay Khurana, Mr. Adrish Majumder, Ms. Sanjana Mehta i/b Trilegal, for the Petitioner.

Mr. H. S. Venegavkar, Public Prosecutor a/w Mr. Ayush Kedia i/b Mr. Pradeep Yadav, for the Respondent No.1-SFIO. Mr. V. B. Konde-Deshmukh, Addl.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.

DATE : 17th APRIL 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 behest of the respondent No.1-SFIO.

2.

On 12th April 2024, following order was passed in the aforesaid petition;

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"1.

Mr. Kedia, learned Counsel appearing for the respondent No.1 - SFIO informs us, that the decision on the withdrawal of the Look Out Circular, will be taken by the Director of the SFIO, by Monday i.e. 15th April 2024.

2.

In view of the aforesaid, stand over to 17th April 2024 at 2.30 p.m."

3.

Today, Mr. Venegavkar, learned Public Prosecutor appearing on behalf of the respondent No.1-SFIO, on instructions states that the respondent No.1-SFIO has withdrawn the LOC issued at their behest, against the petitioner. He states that the said decision will be communicated to the petitioner forthwith and in any event within 24 hours from today. Statement accepted. 4.

The petitioner has already filed an affidavit-cumundertaking with the respondent No.1-SFIO undertaking that he will make himself available, as and when summoned by the respondent No.1-SFIO. Accordingly, the petitioner to remain present, as and when summoned by the respondent No.1-SFIO.

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5.

In view of the withdrawal of the LOC, nothing survives for further consideration in the aforesaid petition. Petition stands disposed of accordingly.

6.

Needless to state, that the respondent No.1-SFIO is always at liberty to issue LOC against the petitioner, if the occasion so arises in future.

7.

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

MANJUSHA DESHPANDE, J.

REVATI MOHITE DERE, J.

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