THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA
CRIMINAL REVISION CASE No.520 OF 2022
JUDGMENT:-
1.
Heard Sri B.Raveendra Babu, learned counsel for the petitioner as well as learned Special Public Prosecutor for CBI cases.
2. Aggrieved by the order of the Principal Special Judge for CBI cases, Hyderabad, in disallowing the request of the petitioner to suspend the Look Out Circular (LOC), she is before this Court.
3. By the material available on record, what could be perceived is that the petitioner is arrayed as Accused No.3 in the case in Rc.No.06(E)/2018-CBI/BS & FC/BANGALORE, she moved an application under Section 437 (3) of Cr.P.C. vide Crl.M.P.No.3454 of 2022 seeking the Court to grant permission to her to travel to USA from 11.08.2022 to 12.01.2023.
4. On hearing both sides, the Court, by order dated 05.08.2022, allowed the application in-part. The petitioner was permitted to travel USA as prayed for, subject to the conditions imposed. However, the Court held that the petitioner is not entitled to the relief of directing the CBI to suspend the Look Out Circular that was issued against her. 2
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5. Learned counsel for the petitioner contends that no purpose would be served in according permission to leave the country without suspending the Look Out Circular. Learned counsel also states that in an earlier occasion, the same thing happened and though the petitioner was permitted to leave the country, she was stopped by the Immigration Authorities at the Airport due to pendency of Look Out Circular and therefore, she had to come back.
6. In reply to the said submission, the learned Special Public Prosecutor for CBI contended that in the normal course, after the applicants approach the Immigration Authorities, the Immigration Authorities would contact the CBI and on oral instructions of the CBI, they would permit the applicants to proceed with the travel and the same thing would happen in this case also. Thus, the learned Special Public Prosecutor for CBI cases did not raise any objection either for the travel of the petitioner or for suspension of Look Out Circular issued against her. His only contention is that the petitioner need not knock the doors of this Court and such permission would automatically given by the authorities of the CBI as permission to travel abroad is accorded by the concerned Court. 3
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7. However, having regard to the apprehension of the learned counsel for the petitioner and the precedent shown, this Court is of the view that the right of the petitioner to travel abroad has to be protected, as such a permission was accorded by the competent Court. Therefore, by allowing this Revision Petition, the Look Out Circular issued against her is directed to be kept under suspension for a period from 11.08.2022 to 12.01.2023. However, the said Look Out circular would stand suspended only for the travel of the petitioner to USA and not for any other countries.
8. With the above direction, the Criminal Revision Case is allowed.
9. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed.
________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA Dt.08.08.2022 Note: Issue CC by 10.08.2022 ysk 4 Dr.CSL,J Crl.R.C.No.520 of 2022 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL REVISION CASE No.520 OF 2022 Dt.08.08.2022 ysk