CHANDRASWAMY Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Crl.M.No.4352/95 This petition has been moved under Section 482 of the Code of Criminal Procedure on behalf of the Central Bureau of Investigation for recalling order dated 4.9.1995 of this Court.

(2.) By the aforesaid order dated 4.9.95 Chandraswami was granted permission subject to certain conditions to go abroad for a period of six months w.e.f. 6.9.95. The need for such permission was as follows;

(3.) The Central Bureau of Investigation received a complaint from one Lakhubhai Pathak against Chandraswami and K.N. Aggarwal. Consequently a case was registered against them as FIR No. RC- 1(S)/88/S.I.U. (ix) under Section 120-B Indian Penal Code read with Section 420 Indian Penal Code Chandraswami was arrested. He moved a petition for bail before the concerned Magistrate and was enlarged on bail subject to certain conductions. One of the conditions was that Chandraswami was not to leave the country except with a prior written permission of the Court and a prior intimation to that effect sent to the Central Bureau of Investigation. Thereafter, when Chandraswami wished to go abroad he moved a petition before the Magistrate for being permitted to go abroad but his prayer was refused. Feeling aggrieved with that order Chandraswami moved to the High Courtier permission to go abroad. That petition was registered as Crl.M.(M) No.447/88. It was disposed of on 4.8.88 by H.C. Goel,J. and Chandraswami was granted permission to go abroad subject to certain conditions. Thereafter, from time to time that permission was extended subject to certain terms and conditions. The last order of such extention is dated 4.9.95 which is now being sought to be recalled by the C.B.I.