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2022 DAILYLAW 2397 (DEL)

RITU KAPUR v. UNION OF INDIA & ORS.

W.P.(CRL)/1686/2022 · 2026-03-16

Saurabh Banerjee

Writ Petition (Criminal)body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1686/2022 RITU KAPUR .....Petitioner Through: Ms. Kartika Sharma, Ms. Harsha Sadhwani and Ms. Shubhika, Joshi, Advocates. versus UNION OF INDIA & ORS. .....Respondent Through: Mr. Nishant Gautam, CGSC with Mr. Naman Sharma, Mr. Vineet Negi, Ms. Kavya Shukla, Advocates for UOI. Mr. Vivek Gurnani, Advocate for the ED. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 16.03.2026 CRL.M.A. 7299/2026 (Seeking permission to travel abroad in view of the LOC opened against the petitioner) 1. By virtue of the present application under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks the following reliefs:- <A. Put the Look-Out Circular (LOC) issued against the Petitioner in abeyance till the final adjudication of the captioned Writ Petition; and/ or B. Allow the Petitioner to travel abroad from 22.03.2026 to 31.08.2026 in view of the upcoming events scheduled for the Petitioner; and/ or This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/03/2026 at 16:35:55 C. Put the Look-Out Circular (LOC) issued against the Petitioner in abeyance from 22.03.2026 to 31.08.2026 in view of Petitioner’s upcoming events scheduled; and/ or D. Direct the Respondents not to take any action on the Look Out Circular (LOC) issued against the Applicant; and/ or E. Pass any further order/ direction as this Hon'ble High Court may deem fit and proper in the facts and circumstances of the present case.= 2. Learned counsel appearing for the petitioner submits that in the past on numerous occasions the petitioner has been permitted to travel abroad with the permission of the Court, subject to certain conditions. It is submitted that petitioner is willing to abide by any condition(s) imposed by the Court. 3. Issue notice. Learned counsel for the Enforcement Directorate (ED) accepts notice and opposes the request made by the petitioner on the ground that she has several assets abroad and the allegations against her are serious in nature. 4. However, considering that in the past the petitioner has been granted permission several times and petitioner has not misused the liberty, the Court is inclined to allow the present application and permit her to travel abroad. Accordingly, the petitioner is allowed to travel to USA-France-Lithuania-USA from 22.03.2026 to 31.08.2026, subject to following conditions:- i. The LOC against the petitioner be suspended for the above said period, subject to the petitioner furnishing an undertaking that she will return to India on or before the given date. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/03/2026 at 16:35:55 ii. The petitioner shall also file the itinerary relating to her travel and on her return, shall inform the Enforcement Directorate as well as Bureau of Immigration about her arrival in India. iii. The undertaking shall be filed by the petitioner within two days with an advance copy thereof to the other party. 5. The present application is disposed of. 6. List for compliance before the learned Joint Registrar (Judicial) on 18.03.2026 for the purpose of verification and furnishing of undertaking by the petitioner. CRL.M.A. 7791/2026 (For withdrawal of the CRL.M.A. 5710/2026) 7. By virtue of the present application, the petitioner seeks permission to withdraw Crl.M.A. 5710/2026, filed for seeking permission to travel abroad, which is now rendered infructuous. 8. For the reasons stated in the present application, the same is allowed and disposed of. Crl.M.A. 5710/2026 (By the petitioner for permission to travel abroad) 9. In view of the order passed in Crl.M.A. 7791/2026 hereinabove, the present application is dismissed as withdrawn. 10. As such, the next date of hearing i.e. 28.03.2026 is cancelled. W.P.(CRL) 1686/2022 11. At this juncture, learned counsel for the ED submits that in case the petitioner, in future, seeks to travel abroad, she is free to move an application before the concerned Investigating Officer, who shall consider the same depending on the facts and circumstances and shall be free to take a decision in accordance with law. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/03/2026 at 16:35:55 12. Learned counsel for the petitioner agrees with the aforesaid submission and draws attention of this Court to an order dated 10.09.2025 passed by a Coordinate Bench of this Court in W.P. (CRL) 2392/2021 entitled <Raghav Bahl vs. Enforcement Directorate Ministry of Finance= wherein the petitioner’s husband, who is named in the ECIR, has also been granted similar relief(s). She submits that the petitioner herein has a better case as she is not even named in the ECIR. 13. Accordingly, the present petition is disposed of with a direction to the petitioner to file an appropriate application before the concerned Investigating Officer for travelling abroad in future, whereupon the Investigating Officer shall be free to take a decision at the earliest in accordance with law. Needless to say, if the petitioner is aggrieved by the decision so taken by the Investigating Officer, she shall be free to take appropriate steps, in accordance with law. 14. As such, the next date of hearing 02.04.2026 is cancelled. SAURABH BANERJEE, J. MARCH 16, 2026/NA This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/03/2026 at 16:35:55