KARTIK TAYAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Through this petition, the petitioner seeks the issuance of a writ in the nature of a writ of Mandamus directing the respondent to withdraw the Look Out Circular (LOC) issued against him.

(2.) The petitioner is a law graduate and a practising Advocate in Chandigarh. He has a permanent residence in the city and has strong roots in the society. He completed his LLB. Course in the year 2006 where-after he worked as Manager Legal for 3 years in the Chandigarh office of Reliance Industries. Thereafter, he went to Australia for a period of two years to pursue a degree in commercial laws and master in accountancy. After his return, he worked for sometime with a law office in Delhi. In the year 2014, he got married and shifted to Chandigarh and joined the office of a Senior Advocate. On 12.08.2015, FIR No. 510 was registered against unknown persons under Sections 420, 465, 467, 468, 471 and 120-B IPC as well as Section 13 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act') at Police Station Manesar, District Gurugram. The same was transferred to the Central Bureau of Investigation (hereinafter referred to as 'CBI') by the Government of Haryana and FIR dated 04.09.2017 under Section 13 (2) read with Section 13 (1) (E) of the PC Act was registered against the father of the petitioner. With the aid of Section 109 IPC, the petitioner, his sister and mother were also nominated as accused. At around the same time, a LOC was opened against the petitioner which has continued till date after being renewed from time to time. It has been stated that for medical treatment, the petitioner has to travel abroad frequently and the opening of the LOC is fettering his right to travel abroad. In the past, the petitioner has had to travel abroad on six occasions and on each occasion he has had to take permission from the competent CBI Court. On every occasion, the petitioner has returned within the prescribed period. The medical treatment is now at such a stage where he would need to travel more frequently and at short notice. It may not be feasible to approach a Court of Law on every occasion and, thus, a request was made to the CBI to withdraw the LOC but the same was rejected vide communication dated 09.06.2020 on the ground that the case against him is still under investigation. Thus, the present writ petition has been filed.

(3.) It has also been averred that the petitioner has not been arrested till date and has joined investigation whenever called to do so. The investigation is still in progress and challan having not been presented, there is no question of issuance of summons by the competent Court.