Sanjay Damji Shah v. Union Of India And ORS

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2025.04.17 12:10:32 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1882 OF 2025 Sanjay Damji Shah

...Petitioner

Versus

The Union Of India & Ors.

...Respondents

Mr. Ghanshyam Upadhyay a/w Mr. Mayur Gala i/b Law Juris for the Petitioner.

Mrs. P.P.Shinde, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

DATE : 15 th APRIL, 2025 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this petition, the petitioner seeks quashing of the LOC issued against the petitioner in connection with C.R.No. 70 of 2024 registered with the Economic Offences Wing, Unit - V, (General Cheating - III), Mumbai.

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3.

Learned Counsel for the petitioner submits that the petitioner has not been named as an accused in the said C.R. which was registered initially with the Kurar Village Police Station, Mumbai and subsequently, transferred to the Economic Offences Wing, Unit - V, (General Cheating - III), Mumbai, for the alleged offences punishable under Sections 420, 120B of the Indian Penal Code. 4.

Learned APP, on instructions, does not dispute that the petitioner has not been named in the FIR. She further, on instructions, states that investigation is still in progress and that atleast till date, the petitioner's role is not seen. She, however, states that the investigation is still in progress and the petitioner be directed to co-operate with the investigation.

5.

Learned APP, further on instructions, states that the LOC will be withdrawn, however certain conditions be imposed on the petitioner for a period of three months that he will not leave the country without informing the officer of the EOW and that, he will 2/4

furnish his itinerary and contact numbers to the officer before leaving the country. Learned Counsel for the petitioner accepts the same. 6.

In view of the aforesaid statement made by the learned APP that the LOC will be withdrawn against the petitioner within 48 hours, nothing survives for further consideration in the petition. 7.

Needless to state, that the petitioner to co-operate with the investigation.

8.

Needless to also state, that the petitioner, for a period of three months from today, shall inform the officer of the EOW in the event, he intends to travel overseas, his address/addresses and the contact numbers where he would be available whilst travelling overseas. The petitioner to give the said details 48 hours prior to his departure and shall also inform the investigating officer of his arrival. 9.

Needless to also state, that the Police is at liberty to issue a 3/4

fresh LOC, if an occasion so arises in future. 10.

Petition stands disposed of on the aforesaid terms. 11.

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

DR. NEELA GOKHALE, J.

REVATI MOHITE DERE, J.

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