Mohd. Kashif vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
ANOOP KUMAR MENDIRATTA
Mohd. Kashif – Appellant
Versus
Union of India – Respondent

JUDGMENT

Anoop Kumar Mendiratta, J. (Oral)--Writ petition has been preferred on behalf of the petitioner under Article 226 of The Constitution of India read with Section 482 Cr.P.C. for issuance of appropriate writ, order or direction for quashing the Look Out Circular issued against petitioner and permitting the petitioner to go abroad by setting aside the order dated 17.08.2022 passed by learned CMM, New Delhi.

2. Learned counsel for the petitioner submits that the petitioner became aware of the LOC issued against him after he had moved an application for permission to go abroad before learned CMM, which was rejected on 17.08.2022. It is urged that the LOC appears to have been wrongly opened since the investigation in the case of the petitioner is already over and he is no more required for the purpose of any investigation. It is also pointed out that the petitioner is required to return to Dubai, failing which he will lose his job and his NRI VISA is liable to be cancelled. A period of six months after his arrival in India on 29.04.2022 is stated to be expiring on 29.10.2022. The opening of the LOC is also challenged relying upon the observations in Writ Petition (Crl.) 1315/2

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