Shivam Seth v. Central Bureau Of Investigation And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH


2024:PHHC:005916
CRM-M-28210-2023
Date of decision: January 16, 2024
SHIVAM SETH
.....Petitioner
Versus
CENTRAL BUREAU OF INVESTIGATION AND OTHERS
.....Respondents

CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Sardavinder Goyal, Advocate
for the petitioner.
Mr. Deepak Sabherwal, Advocate
for respondent No.1-CBI.
Mr. Satya Pal Jain, Additional Solicitor General of India
with Mr. Shobit Phutela, Advocate
for respondent No.2.

Mr. Satya Pal Jain, Additional Solicitor General of India
with Mr. Lokesh Narang, Senior Panel Counsel
for respondents No.3 and 4.


MANJARI NEHRU KAUL, J. (ORAL)


1.

The petitioner through the instant petition filed under Section 482 Cr.P.C. is seeking permission to allow him to visit Kenya for a period of one month for business and tourism purposes. The petitioner is further seeking quashing of the impugned order dated 07.03.2020 passed by the learned trial Court.
2.

At the outset, learned counsel for the respondents has drawn the attention of this Court to the prayer made in the impugned order (Annexure P-8) and submitted that the instant petition has been rendered infructuous on account of the fact that the application moved by the petitioner before the learned trial Jaspreet Kaur 2024.01.16 19:35 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-28210-2023 -2Court was for permission to go abroad w.e.f. 05.04.2020 to 02.05.2020, hence, the reasons given for going abroad did not exist as on date. Further, the prayer made by the learned counsel for the petitioner has also been opposed because the petitioner had misrepresented while applying for a passport from Shimla, that he was not holding any other passport, whereas fact of the matter was that he was already a holder of a passport, which had been issued at Regional Passport Office, Jalandhar in the year 2012 and stood impounded by respondent No.4, on a prayer made by the CBI.
4.

After arguing for sometime, when this Court was not inclined to accept the prayer of the petitioner, learned counsel for the petitioner prayed for withdrawal of the instant petition with liberty to approach the learned CBI Court, Mohali, for seeking the requisite permission to go abroad.
5.

Dismissed as withdrawn with the aforesaid liberty.
January 16, 2024 (MANJARI NEHRU KAUL)
Jaspreet Kaur JUDGE
Whether speaking/reasoned :

Yes/No
Whether reportable :

Yes/No
Jaspreet Kaur 2024.01.16 19:35 I attest to the accuracy and integrity of this document Chandigarh