Bombay High Court
Chaitya Rajesh Shah S/O Rajesh ... vs Union Of India And Ors on 15 September, 2023
Bench: A.S. Gadkari, Sharmila U. Deshmukh
2023:BHC-AS:27490-DB
samandawgad 54-wpst16555-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (ST.) NO.16555 OF 2023
Chaitya Rajesh Shah
s/o. Rajesh Shah
R/o 501, 5th Floor, Jai Bhawani,
RR Thakker Marg, Walkeshwar
Mumbai ... Petitioner.
V/s.
1) Union of India
Through the Ministry of
Corporate Affairs, Union of India,
Having it's offices at 274-276,
Aayakar Bhavan,
Maharishi Karve Road Marine Lines,
Mumbai
2) Serious Fraud Investigation Office
Through the Assistant Director
Government of India
6th Floor Fountain Telecomm Building,
Near Hutamtma Chowk,
M G Road Mumbai - 400001
3) State of Maharashtra
(Through Public Prosecutor) ... Respondents.
Mr. Yash Agrawal, Mr. Rahul Agrawal, Mr. Abhiraj Rai, Ms. Jasmin
Purani and Mr. Sajid Sayed for the Petitioner.
Mr. S.K. Halwasia, Additional Public Prosecutor for Respondent Nos.1
and 2.
Ms. A.S. Pai, Public Prosecutor a/w Mr. S.S. Hulke, APP for the
Respondent No.3-State.
CORAM : A.S. GADKARI &
SHARMILA U. DESHMUKH, JJ.
DATE : 15th September, 2023.
1/ 5
samandawgad 54-wpst16555-23.doc
Judgment : (Per Sharmila U. Deshmukh, 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 the Constitution of
India read with Section 482 of the Code of Criminal Procedure, 1973,
the Petitioner seeks permission to travel overseas to Hong Kong for
business purpose for the period from 19 th September, 2023 to 11th
October, 2023.
3. Learned counsel appearing for the Petitioner submits that,
LOC has been issued at the instance of the Respondent Nos.2-Serious
Fraud Investigation Office (SFIO). He submits that, the investigation
commenced in the year 2018 and is still on-going. He would further
submit that, the Petitioner had travelled abroad for business purpose on
several occasions and has returned to India.
4. Learned counsel appearing for Respondent No.2-SFIO
submits that, the Petitioner has suppressed the Order passed in Criminal
Writ Petition No.3058 of 2021. He tenders the copy of the decision of
this Court in the aforesaid writ Petition and would point out that this
Court had observed that the Petitioner is a flight-risk and had dismissed
the said Petition.
2/ 5
samandawgad 54-wpst16555-23.doc
5. To counter the submissions, learned counsel for the Petitioner
points out the Order dated 21st June, 2023 passed in Criminal Interim
Application No.2203 of 2023 in Criminal Writ Petition No.940 of 2023
and would submit that, the said Order was considered by this Court and
considering the change in the factual position had permitted the
Petitioner to travel abroad on earlier occasion.
6. Considered the submissions and perused the papers.
7. Admittedly, the investigation by the SFIO commenced in the
year 2018 has not been concluded till date. It is not disputed that the
Petitioner has co-operated with SFIO. This Court on earlier occasion vide
Order dated 22nd June, 2023 had permitted the Petitioner to travel
abroad. Whilst adjudicating the Interim Application, the Court has
considered the decision passed in Criminal Writ Petition No.3058 of
2021 and has observed that, the position is different as the Petitioner's
family i.e. wife and children have now returned to India and residing in
Mumbai. It is also not disputed that there is no breach of the previous
Order permitting the Petitioner to travel abroad.
8. Considering the aforesaid, we are inclined to temporarily
suspend the LOC during the period from 19 th September, 2023 to 11th
October, 2023 and permit the Petitioner to travel overseas on the
3/ 5
samandawgad 54-wpst16555-23.doc
following terms and conditions:
ORDER
(i) The Petitioner-Chaitya Rajesh Shah is permitted to travel
abroad to Hong-Kong during the period from 19th September,
2023 to 11th October, 2023;
(ii) The passport of the Petitioner's wife as well as his children to
be deposited by the Petitioner with the Registrar (Judicial-I),
Appellate Side of this Court before leaving the country. The
same be kept in the safe custody, till the next date;
(iii) To enable the Petitioner to travel abroad, the operation of the
LOC issued against the Petitioner, is stayed from 19th
September, 2023 to 12th October, 2023;
(iv) The Petitioner on his return to India, to inform the
respondent No.2 of his arrival within 72 hrs of his return;
(v) 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 the
respondent No.2 has informed the Immigration Authorities
or not.
9. Learned counsel for Respondent Nos.1 and 2 to
communicate this Order to the immigration authorities forthwith and in
any event within 24 hours of this Order being uploaded.
10. Rule is made absolute in the above terms.
4/ 5
samandawgad 54-wpst16555-23.doc
11. Stand over to 13th October, 2023 for reporting compliance
of the aforesaid Order and for return of the passports of the Petitioner's
wife and children.
12. All concerned to act on the authenticated copy of this Order.
(SHARMILA U. DESHMUKH, J.) (A.S. GADKARI, J.)
5/ 5
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 16/09/2023 15:02:49
