Bombay High Court
Anil Mittal vs Union Of India And Anr on 8 November, 2023
Bench: A.S. Gadkari, Shyam C. Chandak
2023:BHC-AS:34455-DB
V.A. Tikam 34-WP 3682 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VAISHALI
ANIL CRIMINAL APPELLATE JURISDICTION
TIKAM
CRIMINAL WRIT PETITION NO.3682 OF 2023
Digitally signed
by VAISHALI
ANIL TIKAM Anil Mittal )
Date:
2023.11.09 S/O. Sh. Ved Prakash )
17:10:32 +0530
Residing at : R/o B1001, )
Ravechi Heights, Plot No.25, )
Sector 7, Kharghar, )
Navi Mumbai - 410210 ) ... Petitioner
Versus
1. The Union of India )
Through the Ministry of External )
Affairs )
Sought Block, E Block, )
Central Secretariate, )
New Delhi - 110001 )
Having its Mumbai address at: )
C-45 Bandra Kurla Complex Road, )
G Block, Bandra Kurla Complex, )
Mumbai - 400 098 )
2. Bureau of Immigration )
Ministry of Home Affairs, )
Through the Immigration Officer )
Government of India, East Block-VIII, )
Level-V, Sector-1, R.K. Puram, )
New Delhi-110066, )
having its Mumbai address at: )
Chhatrapati Shivaji Maharaj )
International Airport, Navpada, )
Vile Parle-East, Mumbai - 400 099 )
3. Serious Fraud Investigation Officer)
No.1, 6th Floor, Building 1, )
Mahatma Gandhi Road, Azad Maidan)
1/5
::: Uploaded on - 09/11/2023 ::: Downloaded on - 10/11/2023 05:13:43 :::
V.A. Tikam 34-WP 3682 of 2023.doc
Fort, Mumbai, Maharashtra- 400 001 )
4. State of Maharashtra )
Through the Officer of the Public )
Prosecutor )... Respondents
Ms. Jasmin Purani a/w. Mr. Rahul Agarwal i/b. Agarwal and Dhanuka Legal
for Petitioner
Mrs. Anamika Malhotra APP for State
Mr. Akhileshwar Sharma for Respondent No.3
CORAM: A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 8th NOVEMBER 2023.
JUDGMENT:- PER [SHYAM C. CHANDAK, J]
1) Rule. Rule made returnable forthwith and with the consent of the
learned counsel for the respective parties taken up for hearing.
2) By this Petition filed under Article 226 of Constitution of India, the
Petitioner seeks permission to travel to Dubai [United Arab Emirates] for
business purpose for the period from 14 th November, 2023 to 31st December,
2023 and for the said purpose seeks temporary suspension of the lookout
circular issued against the Petitioner.
3) Ms. Purani, learned Counsel for the Petitioner submits that, vide Order
No. F.No. 3/354/2019-CL-II (NR) dated 4 th October, 2019, Respondent No.3
SFIO was directed to investigate into the affairs of "Asian Colour Coated
Ispat Ltd." of which the Petitioner was erstwhile Chief Operating Officer. She
would submit that, the lookout circular has been issued by SFIO and that he
V.A. Tikam 34-WP 3682 of 2023.doc
had co-operated with the SFIO and attended their office on four occasions
during the investigation.
4) Considered the submissions of the learned Counsel for the Petitioner
and perused the papers.
5) The learned Counsel for the Petitioner submitted that investigation by
SFIO commenced in the year 2019 and has not concluded as yet. It is not
disputed that on four occasions, the Petitioner had attended the office of
SFIO and co-operated with the investigation.
6) It is pertinent to note that by an Order dated 20th September, 2023 in
Writ Petition No.2972 of 2023 (Exh.'N'), this Court had permitted the
Petitioner to travel the same place i.e. Dubai for business purpose for the
period from 20th September, 2023 to 10th October, 2023, by temporarily
suspending the Lookout Circular. Petitioner, however could not avail the
said opportunity to travel abroad as he was diagnosed with ' Dengue'. Thus,
it is apparent that the Petitioner is not a flight risk. The Writ Petition is
supported by the relevant documents i.e. Invitation Letter dated 17 th
October, 2023 (Exh. 'I'), copy of Hotel Bookings of the Petitioner (Exh.'J'),
Flight Tickets (Exh.'K'), Valid Visa of the Petitioner (Exh.'L), detailed Travel
History (Exh.'M') etc.
7) Considering the above, we are inclined to temporarily suspend the
V.A. Tikam 34-WP 3682 of 2023.doc
lookout circular to enable the Petitioner to travel to Dubai for business
purpose for the period from 14th November, 2023 to 1st January, 2024 on the
following terms and conditions:
(i) Petitioner- Anil Mittal is permitted to travel to Dubai (United Arab
Emirates) during the period from 14th November, 2023 to 31st
December, 2023;
(ii) Petitioner, before his departure, to furnish the full itinerary of his
overseas travel with all details including the addresses where he
would stay, telephone/mobile/contact numbers, on which he can be
contracted during the said period, to Respondent No.3-SFIO;
(iii) Petitioner shall not apply for renewal or extension of this Order until
he returns to this country;
(iv) The Immigration Authorities on all points of departure, will permit the
Petitioner to pass through immigration and to board his flight or
flights, irrespective of whether the immigration system has been
updated and whether Respondent No.3 has informed the Immigration
Authorities or not;
(v) To enable the Petitioner to travel, the operation of LOC placing travel
restrictions on the Petitioners, is stayed from 14th November, 2023 to
1st January, 2024;
V.A. Tikam 34-WP 3682 of 2023.doc
(v) Upon his returns to India on 31st December, 2023, the Petitioner to
report to SFIO on or before 3rd January, 2024.
8) Learned counsel for Respondent No.3 to communicate this Order to
the Immigration Authorities forthwith upon the Order being uploaded.
9) Rule is made absolute in the above terms.
10) Stand over to 2nd January, 2024 for recording compliance of the
aforesaid Order.
11) All the concerned to act on the authenticated copy of this Order.
(SHYAM C. CHANDAK, J.) (A. S. GADKARI, J.)
