Roshini Kapoor v UOI & Ors - Taxpublishers.in

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The Tax Publishers 2022 TaxPub(CL) 2846 (Bom-HC) IN THE BOMBAY HIGH COURT A.S. GADKARI & MILIND N. JADHAV, JJ. Roshini Kapoor v. UOI & Ors. Criminal Writ Petition No. 1098 of 2022 with Interim Application No. 1815 of 2022 18 October, 2022 Petitioner by: Pranav Badheka a/w. Aditya Mithe, Siya Chaudhry, Advocates Respondent Nos. 1 and 2-Union of India by: D.P. Singh a/w. Aditya Thakkar, Advocate Respondent Nos. 4 and 5 by: Hiten S. Venegaonkar a/w. Bharat Mirchandanani, Advocate JUDGMENT *Milind N. Jadhav, J.* By the present Petition, Petitioner has prayed for the following reliefs :-- '(b) An appropriate writ, order or direction may be issued directing Respondent No. 2 to disclose and produce the purported Look Out Circulars, if any, issued and operating against the Petitioner, before this Hon'ble Court; (c) An appropriate writ, order or direction may be issued directing Respondents No. 3, 4 and 5 to provide records maintained by them pursuant to which a request was made by Respondents No. 3, 4 and 5 to Respondent No. 2 to issue the purported Look Out Circulars against the Petitioner, before this Hon'ble Court; (d) An appropriate writ, order or direction be issued directing the Respondents to recall, rescind, quash or cancel the purported Look Out Circular(s) if any, issued to operating against the Petitioner and/or not to give any effect or further effect to the same in future; (e) During the pendency of the present Writ Petition, Respondent No. 2 be directed to temporarily suspend the operation of any subsisting Look Out Circular(s) if any, issued and operating against the Petitioner for the time period between 13-4-2022 to 5-5-2022 enabling the Petitioner to travel outside India and return without any difficulty.' 2. Petitioner has raised the following three grievances :-- (i) that passport of Petitioner is seized by CBI on 9-3-2020. She is arraigned as Accused No. 7 in RC No. 219 of 2020 E 0004 CBI/EO-I/Delhi registered on 7-3-2020. In the same case, Supplementary chargesheet has been filed on 13-7-2021 and the case has been numbered as Special CBI Case No. 830 of 2021. She reasonably apprehends that CBI, may have requested issuance of a Look Out Circular (for short 'LOC') against her; (ii) that she is arraigned as Accused No. 2 before the Special Judge for Prevention of Money Laundering Act, 2002 (for short 'PMLA') cases by the Enforcement Directorate in Special Case Nos. 452 of 2021 @ 571 of 2021. Petitioner once again reasonably apprehends that the Enforcement Directorate may have requested issuance of a LOC against her; (iii) that the Bureau of Immigration (BOI) has issued a LOC against her at the instance of the Income Tax Department, however she is unaware, if the same still subsists. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers 2022 TaxPub(CL) 2846 (Bom-HC)

IN THE BOMBAY HIGH COURT

A.S. GADKARI & MILIND N. JADHAV, JJ.

Roshini Kapoor v. UOI & Ors.

Criminal Writ Petition No. 1098 of 2022 with Interim Application No. 1815 of 2022

18 October, 2022

Petitioner by: Pranav Badheka a/w. Aditya Mithe, Siya Chaudhry, Advocates

Respondent Nos. 1 and 2-Union of India by: D.P. Singh a/w. Aditya Thakkar, Advocate

Respondent Nos. 4 and 5 by: Hiten S. Venegaonkar a/w. Bharat Mirchandanani, Advocate

JUDGMENT

Milind N. Jadhav, J.

By the present Petition, Petitioner has prayed for the following reliefs :--

'(b) An appropriate writ, order or direction may be issued directing Respondent No. 2 to disclose and produce the purported Look Out Circulars, if any, issued and operating against the Petitioner, before this Hon'ble Court;

(c) An appropriate writ, order or direction may be issued directing Respondents No. 3, 4 and 5 to provide records maintained by them pursuant to which a request was made by Respondents No. 3, 4 and 5 to Respondent No. 2 to issue the purported Look Out Circulars against the Petitioner, before this Hon'ble Court;

(d) An appropriate writ, order or direction be issued directing the Respondents to recall, rescind, quash or cancel the purported Look Out Circular(s) if any, issued to operating against the Petitioner and/or not to give any effect or further effect to the same in future;

(e) During the pendency of the present Writ Petition, Respondent No. 2 be directed to temporarily suspend the operation of any subsisting Look Out Circular(s) if any, issued and operating against the Petitioner for the time period between 13-4-2022 to 5-5-2022 enabling the Petitioner to travel outside India and return without any difficulty.'

2. Petitioner has raised the following three grievances :--

(i) that passport of Petitioner is seized by CBI on 9-3-2020. She is arraigned as Accused No. 7 in RC No. 219 of 2020 E 0004 CBI/EO-I/Delhi registered on 7-3-2020. In the same case, Supplementary chargesheet has been filed on 13-7-2021 and the case has been numbered as Special CBI Case No. 830 of 2021. She reasonably apprehends that CBI, may have requested issuance of a Look Out Circular (for short 'LOC') against her;

(ii) that she is arraigned as Accused No. 2 before the Special Judge for Prevention of Money Laundering Act, 2002 (for short 'PMLA') cases by the Enforcement Directorate in Special Case Nos. 452 of 2021 @ 571 of 2021. Petitioner once again reasonably apprehends that the Enforcement Directorate may have requested issuance of a LOC against her;

(iii) that the Bureau of Immigration (BOI) has issued a LOC against her at the instance of the Income Tax Department, however she is unaware, if the same still subsists.