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2025 DAILYLAW 46032 (PNJ)

BHUPESH ARORA THROUGH AUTHORIZED REPRESENTATIVE v. UNION OF INDIA AND OTHERS

CWP/10646/2025 · 2025-05-19

Kuldeep Tiwari

body2025

Judgment text

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CWP-10646-2025 1 129 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-10646-2025 Date of Decision : 19.05.2025 BHUPESH ARORA THROUGH AUTHORIZED REPRESENTATIVE ....Petitioner VERSUS UNION OF INDIA AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Gaurav Chopra, Sr. Advocate with Ms. Kuljeet Kaur, Ms. Mehak Kalra, Advocates, for the petitioner. Mr. Satya Pal Jain, Additional Solicitor General of India with Ms. Saigeeta Srivastava, Advocate, for respondent no.1 & 5-UOI Mr. Bhupender Singh, DAG, Haryana for respondents no.2 to 4. KULDEEP TIWARI, J.(Oral) 1. Through the instant writ petition filed under Article 226/227 of the Constitution of India, a prayer is made for quashing of the Look Out Circular (LOC), as issued against the present petitioner in case FIR no.24, dated 26.02.2024, registered under Sections 420 and 120-B of the IPC (Sections 467, 468, 471 and 201 IPC added later on), at P.S.Cyber Crime Central, District Faridabad. 2. The aforesaid FIR was registered way back on dated 26.02.2024, against the present petitioner. Since the petitioner was DHARAM VIR 2025.05.21 17:42 I attest to the accuracy and integrity of this document CWP-10646-2025 2 evading his arrest in the FIR (supra), and presently living in Dubai, the prosecution agency, in order to secure the presence of the petitioner, got issued a LOC against him by intimating Government of India regarding the same. 3. Learned counsel for the petitioner submits that the FIR (supra), is a result of mischief, and he is not involved in any criminal activity, as narrated in the instant FIR. The petitioner on account of the LOC (supra), as issued against him, is not in a position to come back to India, and to avail the legal remedy, as available to him, as per law, including anticipatory bail. 4. He further submits that the petitioner is ready and willing to join the proceedings in the instant FIR, as he does not intend to flee from the clutches of law, and has all respect for the law of India. 5. He finally submits that, at this stage, he only wants that the LOC(supra), as issued against the petitioner may be kept in abeyance for two months, enabling him to come back to India, and to avail his remedy, as available to him, as per law. 6. Learned Additional Solicitor General of India, as well as learned State counsel, submit that they do not have any objection in case LOC (supra), as issued against the petitioner may be ordered to kept in abeyance to secure his presence in Indian territory, so that he could extend his co-operation by joining the investigation/inquiry in the instant FIR. DHARAM VIR 2025.05.21 17:42 I attest to the accuracy and integrity of this document CWP-10646-2025 3 7. In view of the above, this Court is of the considered view that the prayer, as made by learned counsel for the petitioner is bona fide, as the petitioner is ready and willing to come back to India, to join the investigation in the instant FIR, therefore, in order to check his bona fide, and as an interim measure, directs respondent no.1 and 5, to keep the LOC (supra), as issued against the petitioner in abeyance, from 23.05.2025 till 25.07.2025. 8. The status of the LOC (supra), as issued against the petitioner, is also ordered to be updated on the official website of the department concerned. 9. The Deputy Commissioner of Police (Central), Faridabad (respondent no.3), is also directed to communicate a copy of this order to respondents no.1 and 5, for its compliance. 10. It goes without saying that no request for further extension of of time to the present petitioner, with regard to the issue of LOC (supra), shall be entertained on any ground, whatsoever. 11. Disposed of accordingly. (KULDEEP TIWARI) May 19, 2025 JUDGE dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No DHARAM VIR 2025.05.21 17:42 I attest to the accuracy and integrity of this document