Allowed

M.S Prabhakar v. State Bank of India,and 2 others

Telangana HC4 Apr 2023WP/40161/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a Look Out Circular (LOC) issued by the State Bank of India to the Bureau of Immigration against the petitioner. The Court granted relief by suspending the LOC and issued directions for cooperation and periodic review.

What did the court decide?

The Look Out Circular issued by Respondent No. 1 was suspended for a period of two months (from 15.04.2023 to 14.06.2023). The Court also issued directives regarding communication with the Bureau of I

M.S Prabhakar Vs State Bank of India,and 2 others — Property and Title | Telangana HC (2023)

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[³¹⁶⁸ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION NO: 40161 0F 2022

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Between

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M.S Prabhakar, S/o.M.B.S.Purushottam, Aged 54 years, Occ. Business R/o C-1 1, Vikrampuri Colony, Karkhana, Secunderabad.'

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...PETITIONER

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AND

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1 SJate Bank of lndia, Corporate Centre, VidhanBhavan Marg, Nariman point, Mumbai, Maharashtra 400021 Represented by its Chairman ALSO at. Stressed. Asset ManagglF_nJ _Branch, 2nd Floor, .Amaravati Builping, Gunfoundry Hyderabad-50000'1 , Represented by its Chairman.

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2 Bureau of lmmigration, East Block-Vlll, Level-V, Sector-1, R.K. puram, New Delhi-1 1-0O6_6, Rep_, bJ ]ts Deputy Director. Also at. Bureau of lmmigration, Near CISF Camp, SVP Bol OCR Complex, Mamidipalty Road, Shams-habad, Telangana. Rep., by its Foreigner Regional Registration'Officer (FRRO),

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3 Central Bureau of lnvestigation, 6th Floor, Lodhi Road, Plot No. 5-B, Jawaharlal I Nehru Stadium Marg, CGO Complex, New Delhi, Delhi -110003, Rep. by Dy. SP, CBl, BSFB, New Delhi (TO.

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...RESPONDENTS

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Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one.in the nature of Writ of certiorarified Mandamus by calling for records of the Respondent No. 1 and 2 with regard to the Look Out Circular issued by the 1st Respondent naming the Petitioner vide requisition dated March 10, 2021 bearing Ref No. FPMD/LOC/2020-21I292 issued by the Respondent 1 to Respondent No. 2 against the Petitioner and to declare actions of Respondent No. 1 in curtailing Petitioner's personal liberty by preventing him from travelling abroad as being

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illegal. arbitrary. t nlavrful and unconstitutional, apart ir()n' bl-.rng violative of Article 14, 19(1)(a, (d) and (g), Article 21 of the Constitrr:rcn of lndia and the Guidelines rssued by Ministry of Home Affairs, Goverrrr ent of Indra dated 2210212021 and )eing contrary to the principles of rraturat lustice and consequently to qr- es;h Look Out Circular issued by the^.lst llespondent naming the Petitroner vir e requisition dated March 10,20?_ bearing Ref No. FPMD/LOC/2020-2 t t?_92.

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lA NO: 1 OF 2022

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Petitron undr r section 151 cPC praying that in thc oircurnstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend Look out )ircular issued by the 1st Respondenl. n,rming the petitioner vide requisition datr d March 10,2021 bearing Ref No. FP[4t)/Loc/2020-211292 issued by the Respr nCent^'1 againSt the Petitioner for a pe,ri:c:r of six months and direct the Respont ent No. 2 to ensure free passage of the petitioner Mr. Malapaka surya P abhakar Passport bearing No z4gg83ii 1 to travel o0tside lndia, pending dispc;al of the Writ Petition.

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Counsel for the Peti tioner : SRI l.MYTRl

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Counsel for the Res rondent No.1 : A KRISHNAM RAJU

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Counsel for the Res rondent No.2 : GADI PRAVEEN KUMAF

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(Dy. SOLICITOR GENER.q.L OF INDIA)

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Counsel for the Res rondent No.3 : SRI N.NAGENDAR (SpL F,p F()R CBI) The Court made the bllowing: ORDER

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THE HONOURABLE SRI IUSTICE K.LAKSHMAN

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WI(IT PETITION No.40161 OF 2022

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ORDER:

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Heard Sri I.Myiri, learned cotrnsel appearing for the petitioner, Sri G. Praveen Kumar, Deputy Solicitor General of India and perused the material available on record.

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The petitioner and his wife have filed a writ petition vide W.P.No.27795 of 2022 challenging the Look Out Circular issued by respondent Nos.'l and 2 against them. Considering the rival submissions made by the parties, this Court disposed of the aforesaid writ petition on ?3.07.2022 with certain directions. [n the said order, this Court has also recorded the statement made by the leamed counsel appearing for respondent No.3 that the Investigating Officer in the said crime recorded the statements of 78 wihresses and collected 100 documents. There is no allegation against the petitioners that the petitioners are not cooperating with the investigating officer. Considering the facts, this Court disposed of the said writ petition suspending the Look Out Circular for a periocl of rwo (2) months i.e., from

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)

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0t.06 202 tct 30.09.2022. Even today, rr:spt:,rr,_renr No.3 rvould subnrit tt at the investigation is stitl pend i nr; anr.l thcre is no allegation that the petitioner is not coop:r.atirrg with the investigat n,g officer. Therefore, there is no cllang,t of srtuation or circunx tam:e from 28.07.2022 to till date.

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3 Con idering the said facts, this Court is inclincd to grant relicf to tl e petitioner herein. Therefore, tliis writ petition is clisposecl c f^,,vith the following directions:-

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(i) LOC issued by 1't respondent aillinst the petitioner is suspended for a period of t.^,'() lonihs i.e., from I 5.04.20'23 to 14.06.2023.

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(ii)^.t't respondent shall inforrn/ c o rrrmtLnica te this order to 2"d respondent in t:rms of Office Memorandum, dated 22.02.2027

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(iii) 1'he petitioner shall inform his an.i,,al/ cleparrure to

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t.he respondents and also InvesrilSating Officer, (lBI, in terms of the said Officur Mernorandum, dated22.02.2021

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(i") The petitioner shall inform to respondenrs the address and other particulars with regard to his stay in different countries.

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) \

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(v) The petitioner shall cooperate with the Investigating Agency including (CBI) by furnishing information/documents, if any, as sought by them

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(vi) l"trespondent-Originating Agency shall review the LOC opened against the petitioner herein on quarterly and annual basis, submi t proposals to delete LOC, if any, immediately after such a review

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in terms of the said Office Memorandum, dated 22.02.2021.

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(vii) Both the respondents are directed to comply with

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the guidelines issued by the Government of India

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vide Office Memorandum dated 22.02.2021.

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(r,rii) ,ilrcrtv^'s granted to the^{responderrt;to takc action}

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, ll.1i1rst the petitioner herein for^vi,lla lior^{of anY of}

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hr: aforesaid conditions

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As a st qrrel, thc miscellaneous^{petitions,i' ,rn', pending}

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in the Writ P 'tition shall stand^{closed. No ordel'it; to :osts.}

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SE'- SDI-A.V.S.^PRASAD ASSIST/\NT^REGISTRAR

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//TRUE COPY//

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SECTIONTFFICER

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To, 1. The Chairm^{rn, State Bankof lndia, Corporate^CentroVidhanBhavanMarg'} Narrman^{pr int, Mumbai,} 'tntar,araintra ' 4oo_02.1. Ai,{; :l a1 Stressed Asset lVanaoemer t tlranch,^{Zni iiooi. [raiavati Building(]trnforndryHyderabad-} 50000i, Rel^{re sentedby its Chairman'}

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z in" o"priv ti,ettor^{sJrea,oi immigration. East BlOc<-',/lll Level-V.sector-} - i.'R K'F;;., r.rew oerriJloooo Ai.o at. Bureau of lll|nrg-ation.J.lear clsF Cr.o SVp 3ol OCR^{Complex Mamidipally Ro-ad Sr'rr'tsh'lbad Telangana'} iI"''nJ lt" oi"ioner. Reqibnal^{Reqistrdtiori Officer (r:llFi'O)}

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s ii'5 orlsF^{caj,'B5rB,il.w oetrri Central Bureau ':f lnvestrgation'6^th} " iffi;l;'hi ilijb, Fr"u'rd s--a^jiwat'arlal I Nehru {ltrcliun Marg'^cGo Comolex. N^:w Delhi,^{Delhi-1 10003}

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a One'CC to ;fll^{I MYTRIAdvocate} [OPUC] d. o;; cc io^t nt^{A KRISHNAMRAJU Advocate^JgpLtCl} 6. O;; CC i;^{inbt pnnvrrNkul'rAn. oeouw soticibr (ieneral of lndia [oUT]}

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o;" cC to^{I iRl N.NAGENDAR (SPL PPFOR CBI) IOU ll}

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Two CD^C'rPies

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BSK RK

Lr'

HIGH COUR T

DATED:0410112023

ORDER

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WP.No.4016'1 of 2022

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DISPOSING HE WRIT PETITION

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M.S Prabhakar v. State Bank of India,and 2 others

Case brief

What is this about?

What did the court decide?

M.S Prabhakar v. State Bank of India,and 2 others

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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