Madras High CourtCRL MP/17598/2024disposed of

Dwarakanathan Vijayakumaran v. The Serious Fraud Investigation Officer

2024-12-11Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2024

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN CRL MP. 17598 of 2024 in Crl.O.P.No.206 of 2024 Dwarakanathan Vijayakumaran ... Petitioner Vs

1. The Serious Fraud Investigation Office, Corporate Bhawan Ground Floor, No.29, Rajaji Salai, Chennai 600 001.

2. The Senior Immigration Officer, (Batches ABCD) International Departure, Anna International Airport, Meenambakkam, Chennai 600 027.

3. The Senior Immigration Officer, (Batches ABCD) International Arrival, Anna International Airport, Meenambakkam, Chennai 600 027.

4. The Immigration Officer International Airport Authority of India, Chennai.

5. The Foreigner Regional Registration Officer (FRRO), Shastri Bhavan Annex Building, 26, Haddows Road, Nungambakkam, Chennai 600 006.

6. Bureau of Immigration Ministry of Home Affairs, Government of India, Rep. By its Commissioner (Immigration) East Block VIII, Level V Section -1, R.K.Puram, New Delhi - 110.

For Petitioner:

Mr. Manuraj For Respondents:

Mr.K.Subburanga Bharathi, ACGSC

ORDER

This Criminal Miscellaneous Petition has been filed seeking permission to the petitioner to travel abroad for a period of twenty nine days from 15.12.2024 to 12.01.2025 pending disposal of the case in Crl.O.P.No.206 of 2024 on the file of this Court.

2. The learned counsel for the petitioner submitted that earlier, the petitioner was permitted to go abroad and returned to India. He has promptly complied with the conditions and therefore, on similar condition, he may be permitted to go abroad for a period of twenty nine days from 15.12.2024 to 12.01.2025 and he will return to India on 13.01.2025 and report before the Investigating Officer.

3. The learned Additional Central Government Standing Counsel appearing for the respondents submitted that preliminary enquiry has been completed and the report has been sent to the sanctioning authority for approval and the same is pending.

4. Since preliminary enquiry has already been completed and approval order from the sanctioning authority is pending, immediate presence of the petitioner is not necessary at this stage. On perusing the materials available on record and considering the submissions made by the learned counsel on either side and also considering the fact that the petitioner had duly complied with the earlier conditions, this Court grants

permission to the petitioner to go abroad for the period from 15.12.2024 to 12.01.2025 and he is also directed to return to India on 13.01.2025. Further, the petitioner shall be available, whenever the first respondent wants to contact him during the course of investigation. Further, whenever, the first respondent wants to conduct any further inquiry during his stay at abroad, it is left open to the first respondent to conduct the enquiry through video conferencing platform and the petitioner shall cooperate for the same. Further, the respondents are directed to keep the look out circular issued by the first respondent in abeyance from 15.12.2024 to 12.01.2025, so as to enable the petitioner to go to abroad, during the said period and back to India. Further, the petitioner is directed to inform his place of stay at abroad to the Investigating Officer before leaving the country and while returning to India, he is directed to report before the Investigating Officer on 13.01.2025 without fail. It is made clear that further extension of time will not be granted.

5. With the abovesaid direction, the Criminal Miscellaneous Petition is disposed of.

11-12-2024 Note: Issue Order copy on 11.12.2024 To

1. THE SERIOUS FRAUD INVESTIGATION OFFICER CORPORATE BHAWAN GROUND FLOOR, NO.

29, RAJAJI SALAI CHENNAI 600 001

2. THE SENIOR IMMIGRATION OFFICER (BATCHES ABCD) INTERNATIONAL DEPARTURE ANNA INTERNATIONAL AIRPORT, MEENAMBAKKAM, CHENNAI 600

3. THE SENIOR IMMIGRATION OFFICER (BATCHES ABCD) INTERNATIONAL ARRIVAL, ANNA INTERNATIONAL AIRPORT, MEENAMBAKKAM, CHENNAI 600 027.

4. THE IMMIGRATION OFFICER INTERNATIONAL AIRPORT AUTHORITY OF INDIA, CHENNAI

5. THE FOREIGNER REGIONAL REGISTRATION OFFICER (FRRO) SHASTRI BHAVAN ANNEX BUILDING, 26 HADDOWS ROAD, NUNGAMBAKKAM, CHENNAI 600 006

6. BUREAU OF IMMIGRAION MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA, REP BY ITS COMMISSIONER (IMMIGRATION) EAST BLOCK VIII, LEVEL V SECTION 1, R.K. PURAM, NEW DELHI 110.

P. VELMURUGAN mfa CRL MP. 17598 of 2024 in Crl.O.P.No.206 of 2024 11.12.2024