Disposed

Gagan Sehgal v. Union of India & Ors.

Delhi HC10 Jan 2024W.P.(C)/14432/2023

Case brief

AI extract

What is this about?

Writ petition challenging a Look Out Circular issued against the Petitioner. The Status Report showed no criminal involvement or record against him, and that he was not the person named in the FIR before the Mahila Court, Rohini. The Court quashed the LOC and disposed of the writ petition with pending applications.

What did the court decide?

Look Out Circular No. 22015416622 / Old Suspect No. 457217 issued against the Petitioner quashed.

Gagan Sehgal Vs Union of India & Ors. — Quashing and FIR | Delhi HC (2024)

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$~44

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 14432/2023 & CM APPL. 57157/2023

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GAGAN SEHGAL ..... Petitioner Through: Mr. Bharat Mongla and Ms. Nishtha Kaura, Advocates.

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versus UNION OF INDIA & ORS. ..... Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Debarchan De and Mr. Akash Mishra, Advocates for R-1 – 3. Mr. Santosh Kumar Tripathi, SC (C) for GNCTD with Mr. Arun Panwar, Mr. Pradyumn Rao, Mr. Utkarsh Sharma, Mr. Kartik Sharma, Ms. Prashansa Sharma and Mr. Rishabh Srivastava, Advocates for Delhi Police.

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 10.01.2024

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The Petitioner has approached this Court challenging the Look Out Circular (LOC) No. 22015416622 / Old Suspect No. 457217 issued against him by Respondent No.2.

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Status Report has been filed in the matter. The Status Report is being reproduced as under:-

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“"TODAY, 04/09/2023, AT AROUND 0500 HRS, ONE INDIAN NATIONAL PAX GAGAN SEHGAL, MALE DOB- 01/09/1974) S/O VIJAY SEHGAL, HODLING PP NO. X5255093 (OLD PP NO. K5020497) APPROACHED FOR DEPARTURE CLEARANCE FOR LONDON, UK, BY FLIGHT LO072

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Page 1 of 3

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W.P.(C) 14432/2023

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 15:20:02

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(BOARDING TIME070OHRS). DURING SCRUTINY OF DOCUMENTS IT CAME TO NOTICE THAT THE ABOVE MENTIONED PASSENGER IS AN LOC SUBJECT LOC NO. 22015416622 / OLD SUSPECT NO. 457217, ORIGINATED BY MM MAHILA COURT, NORTH WEST, ROHINI COURTS WITH TEXT "IF PERMITTED BY COURT GIVE CLEARANCE AND INFORM ORIGINATOR -ELSE EXIT NOT ALLOWED. THE SAID PAX WANTED IN FIR NO. 478/01/14 AT PS SHALIMAR BAGH COURT NAME MAHILA COURT, ROHINI COURTS, DELHI.

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THE PAX (LOC SUBJECT) IS CURRENTLY DETAINED AT IGI AIRPORT, DELHI. YOU ARE REQUESTED TO KINDLY INFORM THE NEXT COURSE OF ACTION AS FOLLOWING: 1. IN CASE ARREST OF THE LOC SUBJECT IS REQUIRED, DETAILS OF THE TEAM (RANK, PIS NO./BELT NO, CONTACT NO. ETC) WHICH WILL BE COMING TO IGI AIRPORT DELHI TO TAKE CUSTODY OF THE SUBJECT MAY BE INTIMATED TO US AT OUR SUBJECT MAY BE INTIMATED TO USAT OUR EMAIL [email protected] (READ [email protected]) and BOI HQRSAT [email protected] FROM YOUR OFFICIAL EMAL ID AND ENSURE THAT THE SAID POLICE TEAM CARRY THEIR ID CARDS.

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2. IF ORIGINATOR DESIRE RELEASE OF THE PAX THE AMENDMENTS/MODIFICATION NEEDS TO BE ADDED BY REQUESTING SIC BRANCH, BOI HQRS BY SENDING AN EMAIL TO DO SO FROM YOUR OFFICIAL EMAIL ID, INCLUDING ALL THE NECESSARY ATTACHEMENTS AT [email protected] WITH INFORMTION TO THIS OFFICE AT [email protected].

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Page 2 of 3

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W.P.(C) 14432/2023

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 15:20:02

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SUBMITTED FOR YOUR KIND INFORMATION AND NECESSARYACTION PLEASE.”

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During enquiry into the matter, efforts were made trace the details of such accused and FIR No. from the record of Police Station Shalimar Bagh as well as concerned Court of Ld. MM, Mahila Court, Rohini, Delhi but nothing could trace against Sh. Gagan Sehgal from the records.

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Then, Sh. Gagan Sehgal was brought at Police Station. He was enquired but nothing found against him. After completion of the formalities, he was bound down and released after necessary instructions. As per SCRB record, petitioner has no criminal involvement.

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In view of the above, undersigned is wiling to abide by the directions/orders which the Hon'ble Court deems fit to pass.”

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A perusal of the Status Report shows that nothing has been found against the Petitioner herein. It is apparent that the Petitioner herein, i.e., Gagan Sehgal, is not the Gagan Sehgal against whom the proceedings are going before the learned MM, Mahila Court, Rohini, Delhi.

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In view of this, this Court is inclined to quash the LOC issued against the Petitioner/Gagan Sehgal.

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The writ petition is disposed of along with pending application(s), if any.

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SUBRAMONIUM PRASAD, J

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JANUARY 10, 2024 hsk

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Page 3 of 3

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W.P.(C) 14432/2023

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Gagan Sehgal v. Union of India & Ors.

Case brief

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Gagan Sehgal v. Union of India & Ors.

Case brief

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