SHIVINDER MOHAN SINGH Vs. SERIOUS FRAUD INVESTIGATION OFFICE

JUDGEMENT

(1.) The petitioner has preferred the present petition under Sec. 482 of the Cr.P.C.[1] read with Article 226/227 of the Constitution of India for setting aside the impugned order dtd. 5/6/2024 passed in MISC/DJ/ASJ No.218/2024 by the learned Additional Sessions Judge-03 and Special Judge (Companies Act), Dwarka Courts, South West District, New Delhi (for short 'learned Special Judge',) whereby the prayer of the petitioner for suspension of LOC[2] and permission to travel abroad for the period from 14/6/2024 to 4/7/2024 and then again from 20/8/2024 to 10/9/2024, was declined.

(2.) The present petition was instituted on 7/6/2024 and notice was issued to the respondents viz., respondent No.1-SFIO[3] and respondent No.2-Bureau of Immigration, Ministry of Home Affairs, Government of India. A reply has already been filed on behalf of the respondent No.1, which is the main contesting party.

(3.) Mr. Amit Sibal, learned Senior Advocate appearing for the petitioner has submitted that the investigation by the SFIO into the affairs of Fortis Healthcare Limited ["FHL'] and Religare Enterprises Limited ["REL'] and other sister concerns besides role of various individuals associated with such companies including that of the petitioner commenced from 17/2/2018 purportedly under Sec. 212(8) of the Companies Act, 2013 but till date no complaint/final report has been filed by the SFIO against the petitioner. It is submitted that the petitioner has not been arrested so far and even in December, 2021 when an application was filed by the petitioner for surrendering himself before the Court, the same was opposed by the SFIO, and rather, in its reply, it was stated that the status of the petitioner was not that of an accused 'as of then'.