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Nicky Lalchand Lalwani vs Bureau Of Immigration Ministry Of … on 15 October, 2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 5073 of 2019
Nicky Lalchand Lalwani …..Petitioner
versus
Bureau of Immigration, Ministry of Home Affairs,
Govt. Of India and ors. ….Respondents

Mr. Raju M. Yamgar, advocate for the petitioner.
Mr. S. R. Shinde, APP for the State.

CORAM : RANJIT MORE
N. J. JAMADAR, JJ.

DATE : 15th OCTOBER, 2019.

P. C. :

1. Heard Mr. Yamgar, learned counsel for the petitioner and Mr.

Shinde, learned APP for respondent Nos.2 to 4. The presence of

respondent Nos.1 and 5 is not necessary for the purpose of disposal of

this petition.

2. The petition is filed for quashing and setting-aside the Look

Out Notice issued by respondents against the petitioner. The petitioner

has also sought direction to grant him permission to travel to China for

business purpose and to attend Canton Fair 2019 for a period of 60 days

from from 1st October, 2019 to 30th November, 2019.

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3. The wife of petitioner by name Ankita Niky Lalwani has lodged

an FIR No.I-126 of 2019 on 3rd May, 2019 with Kasarwadavali Police

Station against the petitioner and his mother for the offences punishable

under Sections 498A and Section34 of the Indian Penal Code, 1860 (for short

“the SectionIPC”). Subsequent to the registration of the said FIR, a request was

made by the Police Sub-Inspector, Kasarwadavali Police Station to the

Deputy Commissioner of Police, Zone 5. Wagale Estate, Thane, vide

letter dated 18th June, 2019, for taking appropriate steps for issuance of

Look Out Notice against the petitioner and, in pursuance of the said

letter, a Look Out Notice was issued against the petitioner by respondent

No.1. The petitioner, while coming to India from China was arrested. The

petitioner, thereafter, preferred an application for bail and learned JMFC,

2nd Court at Thane, released the petitioner on bail on execution of P.R.

and S.B. of Rs.15,000/-. By this order, the petitioner was directed to

attend the police station as and when directed by the I.O. for the purpose

of investigation till the filing of charge-sheet. The petitioner is now

required to travel to China for business purpose for a period of 60 days

and, therefore, he made an application before learned JMFC in the said

CR, a copy of which, is annexed at Exhibit-Q, page 119. Learned

magistrate disposed of this application by passing speaking order dated

24th September, 2019. The operative part of the said order reads as

follows:

(i) Application is partly allowed.

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(ii) I.O. is hereby directed to return the passport of the

applicant/accused bearing No.Z2261057 to the
accused on following conditions:

a) The applicants/accused shall not leave India
without prior permission of this Court.

b) The applicant/accused shall remain present
before this court as and when directed for the same.

c) The applicant/accused shall also remain
present before the concern I.O. for the purpose of
investigation as and when directed by the I.O. till
the filing of the charge-sheet.

d) They shall submit their original passport before
this Court as and when directed for the same.

The reading of the above order makes it clear that the I.O. was

directed to return the passport of the petitioner on certain conditions,

however, the petitioner is not permitted to go abroad.

4. Mr. Shinde, learned APP, placed on record a communication

dated 22nd August, 2019 addressed by Dy.Commissioner of Police, Zone

-5, Wagale Estate, Thane City to the Deputy Director, Bureau of

Immigration (BOI), East Block – VIII, Sector – 1, R. K. Puram, New Delhi.

By this communication, it was informed to the said Deputy Director that

petitioner has been arrested and as such there is no need to keep the

LOC open. Accordingly, a request was made that the LOC

No.2019418781 opened against the petitioner may kindly be disposed

from the system.

Shubhada S Kadam                                                                             3/4

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5. In the light of the above facts, Mr. Shinde, learned APP, makes

a statement that LOC against the petitioner is no more in force. The

prayers (a) and (b) sought by the petitioner, therefore, have rendered

infructuous. So far as relief sought in prayer clause (c) regarding

permission to travel abroad is concerned, we find no reason why the

permission should not be granted to the petitioner, in a case, where he

has already been arrested and released on bail.

6. We, accordingly, dispose of the petition by passing the

following order :

(1) The petitioner is permitted to travel to China for business purpose
and to attend the Canton Fair from 17 th October, 2019 to 30th
November, 2019, on following conditions:

(i) The petitioner shall provide his itinerary, mobile number and
address where he would be staying at China to the Investigating
Officer, before leaving India.

(ii) The petitioner, after the return from China, within a period of one
week, shall attend the office of Investigating Officer for
interrogation, if necessary.

7. All concerned to act upon a copy of this order duly

authenticated by the Registry of this Court.

[N. J. JAMADAR, J.]                                                  [RANJIT MORE, J.]

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