AMAN GEHLOT Vs. ANTI-CORRUPTION BUREAU

JUDGEMENT

(1.) The petitioner has approached this Court calling into question the Look Out Circular (LOC) issued against him which restrains him from travelling abroad.

(2.) The contention of the petitioner is that the ACB, Central Kashmir Srinagar registered an FIR No. 15/2019 under Ss. 120-B and 420 of RPC and Sec. 5(1)(c) and (d) read with Sec. 5(2) of the Jammu and Kashmir Prevention of Corruption, Act Svt., 2006 (hereinafter to be referred to as 'the PC Act') on 24/7/2019. As per the investigation, the allegation of criminal conspiracy, criminal breach of trust and criminal misconduct by the public servant was established. The allegation in the FIR that the company of the petitioner AHPL (M/s Aman Hospitality Pvt. Ltd) has turned willful defaulter in repaying the loan amount on regular interval for the financial assistance recorded by the Company from J&K Bank of Rs.227.01 Crores in the year 2009-10 and there was mis-appropriation of the loan amount was misappropriated by the Director of M/s Aman Hospitality Pvt. Ltd. in connivance with the other accused persons.

(3.) The Anti-Corruption Bureau (ACB) after registration of the FIR, conducted search and seizure at the residential premises of the petitioner at A-5, Mayfair Garden, New Delhi and seized the passports of the petitioner and his father-Raj Singh Gehlot along with other documents. ACB filed charge-sheet bearing No.01/2021 dtd. 20/3/2021 under Sec. 120B read with Ss. 409 and 420 RPC and Sec. 5(1)(c) and (d) read with Sec. 5(2) of the PC Act against 10 entities and individuals. The petitioner was not arraigned as an accused in this charge-sheet dtd. 20/3/2021.