Mr. Habib Abdul Razzaq Nadi Ali … vs The Bureau Of Immigration on 10 June, 2026

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    Telangana High Court

    Mr. Habib Abdul Razzaq Nadi Ali … vs The Bureau Of Immigration on 10 June, 2026

     IN THE HIGH COURT FOR THE STATE OF TELANGANA
                     AT HYDERABAD
    
    THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
    
    
                   WRIT PETITION No.8276 of 2025
                    DATE OF ORDER: 10.06.2026
    
    Between:
    
    Mr. Habib Abdul Razzaq Hadi Ali AlBaghdadi,
    S/o. Late Mohammed Ali
    
                                                                ...Petitioner
                                       AND
    
    The Bureau of Immigration,
    Rep. by its Secretary,
    East Block-VIII, R.K.Puram,
    New Delhi- 110066 & 2 others
    
                                                            ...Respondents
    
    
    ORDER:

    This writ petition is filed aggrieved by the action of respondent

    No.3 in issuing lookout circular (for short “LOC”) against the petitioner

    SPONSORED

    in connection with ECIR/HYDZO/35/2020. A consequential prayer is

    sought to quash / set-aside the lookout circular to enable the

    petitioner to travel from or to India without any detention or arrest in

    any immigration (entry or exit) point in India by the respondents.

    2. Facts giving rise to the filing of this writ petition are as follows:
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    The petitioner submits that he is the Managing Director of M/s.

    Hira Multi Construction Ventures Private Limited (for short “the

    company”), incorporated on 26.03.1998 under the provisions of the

    Companies Act, 2013 in the name of M/s. Hira Management

    Consultant Private Limited. On 17.03.2013, the name of the company

    was changed to Hira Multi Construction Ventures Private Limited.

    The petitioner and his family members are residents of Riyadh,

    Kingdom of Saudi Arabia. The petitioner submits that he is the

    employee of Prince Abdulaziz Bin Talal Bin Abdulaziz Alsaud for the

    last 40 years.

    The petitioner, his company and his immediate family members

    and one Mirza Firasath Baig claims to own and possess land

    admeasuring Ac.186-33 guntas, which was purchased during the

    years 1998 and 2010 by way of various registered sale deeds in

    Survey Nos.22, 40, 77, 78/A/B/C, 80, 81, 82, 83 and 90 situated at

    Manneguda Village and in Survey Nos.87 and 88/1 situated at

    Yenkepally Village, Pudur Mandal, Rangareddy District, Vikarabad.

    The petitioner sold 27 plots admeasuring 500 square yards to

    26 persons under registered sale deeds between 2010 and 2013 under

    a proposed layout known as Hi Grove County. Thereafter, one M/s.

    Kancharla Constructions Private Limited made proposal to the

    company, petitioner and his immediate family members to develop

    land to an extent of Ac.186.33 guntas into Golf Course and Golf
    3

    Residential Community. The petitioner and other land owners entered

    into three registered Development Agreements – cum – General Power

    of Attorney (for short “DAGPA”) vide document Nos.3600/2016, dated

    29.04.2016, 4843/2026, dated 24.05.2016 and 6365/2016, dated

    24.05.2016 with M/s. Kancharla Constructions Private Limited

    represented by its Managing Director K.Prithvi Reddy. It is further

    submitted that in DAGPA No.3600/2016, dated 29.04.2016, an extent

    of Ac.7-00 guntas out of Ac.50-00 guntas was demarked and excluded

    from development and the lands which were sold to 26 persons were

    also excluded from DAGPA. It is further submitted that prior to

    entering development agreements, persons, who purchased the plots

    were given option to seek equal extent after development or to have

    cancelled all the sale deeds with the repayment of sale consideration

    with profit. Thereafter, five plot owners got their sale deeds cancelled.

    It is further submitted that the mother of plot owner in plot No.549 by

    name Ameena Fatima with respect to the registered document

    No.3750/2010 admeasuring 500 square yards and the mother of plot

    owner in plot No.550 by name Areeba Fatima with respect to the

    registered document No.3749/2010 admeasuring 500 square yards,

    had agreed for cancellation of sale deeds and received payments vide

    cheque Nos.291690, dated 29.11.2016 for Rs.3,00,000/-, 291691,

    dated 09.12.2016 for Rs.2,00,000/- and 291692, dated 27.12.2016

    for Rs.2,00,000/-, in total Rs.7,00,000/- and accordingly receipts

    were issued mentioning that the amount has been refunded for
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    cancellation. Disputes arose between the company and M/s.

    Kancharla Constructions Private Limited. On instigation of the said

    M/s. Kancharla Constructions Private Limited, some of the 26

    purchasers lodged complaints in F.I.R.Nos.6/2018, 65/2018,

    246/2018, 249/2018, 250/2018 and 251/2018. M/s. Kancharla

    Constructions Private Limited allotted plots to the company.

    Thereafter, M/s.Kancharla Constructions Private Limited had not only

    sold its share of plots, but also sold the plots allotted to share of the

    company and individuals. The petitioner challenged the F.I.R.s in

    Crl.P.Nos.8958/2018, 8878/2018, 12942/2018, 12944/2018,

    12945/2018, 12951/2018 and 12958/2018. This Court granted stay

    of all further proceedings which was extended from time to time.

    Thereafter, the owner of plot No.549 i.e. Ameena Fatima in DAGPA

    No.3600/2016, dated 29.04.2016, without intimation to the petitioner

    or the company, transferred Rs.7.00 lakhs to the petitioner’s Company

    by RTGS on 15.12.2018 and lodged a complaint on 18.12.2018 before

    PS Chengomol, Manneguda, Vikarabad, alleging that plot bearing

    No.549 sold to Ameena Fatima was also given for development without

    her knowledge and consent. On the said complaint, F.I.R.No.173 of

    2018 was registered against the petitioner and his family members for

    the offences under Sections 447, 427 and 504 of IPC. Subsequently,

    the petitioner filed Crl.P.No.2098 of 2019 for quashing of F.I.R.No.173

    of 2018 against Ameena Fatima, i.e. owner of Plot No.549 in the

    DAGPA No.3600/2016, dated 29.04.2016. The said criminal petition
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    i.e. Crl.P.No.2098 of 2019 was directed to be posted along with

    Crl.P.No.1298/2020 and batch and no stay was granted in view of the

    fact that stay was already granted in the connected cases.

    The Crime Investigation Department (for short “CID”) filed a

    charge sheet against the petitioner and his son by name Mohammed

    Haji Ali and also added names of wife and daughter of the petitioner

    with new Sections viz., Sections 420, 406, 447 and 506 read with 34

    of IPC and charge sheet was filed in C.C.No.330 of 2020 on the file of

    learned II Metropolitan Magistrate, Cyberabad, L.B.Nagar, Rangareddy

    District (hereinafter referred as “trial court”). It is further submitted

    that the petitioner was employed in Riyadh, Kingdom of Saudi Arabia

    and could not travel to India to attend the proceedings due to his

    physical ailments. It is further submitted that one Mr. Govind Singh,

    IPS, Additional DG of Police, CID, EOW, purchased 500 square yards

    of plot under registered sale deed bearing document No.4495/2018

    from M/s. Kancharla Constructions Private Limited. At the instance

    of EOW, CID P.S., Hyderabad and with the help of Interpol, the trial

    court issued NBW for apprehension of the petitioner, his wife and his

    daughter. Thereafter, this Court in Crl.P.Nos.1298 and 1190 of 2020

    granted stay of all further proceedings including NBW. It is further

    submitted that in C.C.No.330 of 2020, it was recorded that the

    petitioner and his family members were absconding. It is further

    submitted that no summons were issued and later LOC was opened.

    Thereafter, the petitioner, his wife and his daughter filed
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    W.P.No.10887/2020 questioning the notice issued by National Central

    Bureau (Interpol), New Delhi in relation to Crime No.172 of 2018 on

    the file of PS Chengomol and C.C.No.330 of 2020 on the file of learned

    II Metropolitan Magistrate, Cyberabad, L.B.Nagar, Rangareddy

    District. The petitioner also filed W.P.No.14819 of 2023 before this

    Court to renew his passport and on the orders passed by this Court in

    W.P.No.14819 of 2023, the passport of the petitioner was renewed for

    a period of one year and the LOC was in existence through.

    Thereafter, the petitioner filed various petitions before this Court for

    quashing criminal cases pending against him and his family

    members. This Court in W.P.No.23200 of 2024 vide interim orders

    dated 30.08.2024 and 30.09.2024 suspended the LOC in C.C.No.330

    of 2020 and the petitioner came to India on 30.09.2024.

    Subsequently, the petitioner approached the trial court and filed re-

    call of NBW and NBW was recalled on 15.10.2024. It is further

    submitted that this Court disposed of W.P.No.23200 of 2024 in terms

    of the interim orders dated 30.08.2024 and 30.09.2024, whereby the

    LOC stood suspended, as and when the trial Court in C.C.No.330 of

    2020 gives permission to travel to the petitioner. It is further

    submitted that when the petitioner landed in India on 30.09.2024, the

    petitioner came to know that there was an LOC opened by respondent

    No.3 in connection with ECIR/HYDZO/35/2020. It is further

    submitted that the respondent No.3 issued summons to the petitioner

    on 30.09.2024 to appear on the same day at 12:30 P.M. Thereafter,
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    the petitioner appeared on 01.10.2024 and submitted certain

    documents on 03.10.2024. On 08.10.2024, the petitioner appeared

    personally before respondent No.3 and filed 59 documents in both

    physical and soft copies. Thereafter, again appeared before

    respondent No.3 on 17.10.2024 and was asked to come again on

    21.10.2024. The petitioner again approached respondent No.3 on

    02.12.2024 and submitted several documents and the petitioner was

    informed by respondent No.3 that he has to wait for further

    instructions or further summons would be issued for the next date of

    hearing. However, no summons were issued till date. Thereafter,

    the petitioner requested respondent No.3 by way of a letter dated

    04.02.2024, which was received by respondent No.3 on 06.02.2024,

    requesting permission to travel to Saudi Arabia to attend to his job.

    However, no response was received thereafter.

    It is further submitted that the petitioner was informed by his

    employer that the petitioner is likely to lose his job, if he does not

    return on or before 23.03.2025 and in the event of failure to attend,

    the petitioner would lose his lifetime benefits accrued for the last 40

    years of service. It is further submitted that the petitioner would

    return to India on 27.05.2025 to appear before the trial court in

    connection with C.C.No.330 of 2020 and accordingly booked his

    tickets to come to India to attend C.C.No.330 of 2020 on 30.05.2025.

    It is further submitted that the protection given by this Court in

    respect of LOC opened in connection with C.C.No.330 of 2020 is still
    8

    in force and that issuance of LOC by respondent No.3 is hindering the

    petitioner in travelling and attending his employment in Riyadh.

    Questioning the LOC issued by respondent No.3 in connection with

    ECIR/HYDZO/35/2020, the present writ petition is filed.

    3. The Assistant Director, Directorate of Enforcement representing

    respondent No.3 filed counter stating that respondent No.3 is an

    investigating agency functioning under the Government of India,

    Ministry of Finance, and is empowered to investigate into the

    Prevention of Money Laundering Act (for short “PMLA”), 2002 and the

    Foreign Exchange Management Act (for short “FEMA”), 1999 and that

    the Directorate of Enforcement is the only competent authority to

    investigate into the matter under the provisions of PMLA, 2002 and

    FEMA, 1999.

    It is submitted that various F.I.R.s have been registered against

    the petitioner, his son and his company. The registered F.I.R.s are

    extracted as under:

    Sl.No.     F.I.R. No.        Date of F.I.R.    Police Station
    
    
    1.         06/2018           30.01.2018        Chengomol        PS,   Vikarabad
                                                   District
    
    2.         55/2018           07.07.2018
    
    
    3.         80/2018           10.08.2018
    
    
    4.         173/2018          18.12.2018
                                        9
    
    
    
    
    5.      246/2018          17.08.2018        Narayanaguda PS, Hyderabad
                                                City
    
    6.      249/2018          20.08.2018
    
    
    7.      250/2018          20.08.2018
    
    
    8.      251/2018          20.08.2018
    
    
    
    
    

    4. It is further submitted that the said F.I.R.s against the

    petitioner and his company were filed by various investors /

    purchasers, who invested / purchased various plots from the

    petitioner and his company during 2010-2013 in a venture by name

    Hi-Grove County. It is alleged by the investors / purchasers that their

    plot along with other lands have been handed over for development to

    a third party developer by name M/s. Kancharla Constructions Private

    Limited (for short “KCPL”) in a project named Gold Residential Gated

    Community (GRGC) without their consent / permission and that they

    were further denied entry in their plots. It is further submitted that

    apart from the above F.I.R.s, another F.I.R.No.135/2017 , dated

    24.07.2017 was registered against the petitioner and others for the

    offences under Sections 420, 471 read with 34 of IPC on the basis of

    complaint filed by one Mr. Habeeb Ali Baghdadi (complainant), the

    younger brother of the petitioner. The complainant alleged that the

    petitioner approached and requested him to invest in his company by

    projecting that it would fetch good yield in future. Accordingly, the

    petitioner’s younger brother / complainant invested Rs.20,00,000/-
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    on various dates during 1999 and 2000 in the petitioner’s company.

    It is further submitted that initially, the complainant was allotted

    2750 equity shares of Rs.100/- in the petitioner’s company with initial

    payment of Rs.3.00 lakhs. It is further alleged that the complainant’s

    remaining investments were not updated in ROC records of the

    petitioner’s company. It is further submitted that the complainant

    was residing in Saudi Arabia, due to his employment and his elder

    brother (the petitioner herein) used to take care the affairs of the

    company. Later, when the complainant returned to India, he found

    that the petitioner executed a DAGPA with one Mr. Mirza Firasat Baig

    in favor of KCPL, as per which, the Company’s property to an extent of

    193 acres was given for development purpose vide document

    No.3600/2016, dated 29.04.2016 and the shares of the complainant

    were transferred without his knowledge by way of forged / fabricated

    documents. Thereafter, a charge sheet has been filed in F.I.R.No.173

    of 2018 and the company and its directors including the petitioner

    were arrayed as accused under Sections 420, 406, 447, 506 read with

    34 of IPC. It is further submitted that Sections 420 and 471 of IPC

    invoked in F.I.R.No.173/2018 are scheduled offences under the

    provisions of PMLA, 2002 and thereafter enquiries were initiated

    under PMLA by the complainant department against the accused

    persons and others under ECIR/HYZO/35/2020, dated 07.12.2020.

    5. It is further submitted that during the investigation under

    PMLA, 2002, it was revealed that during 2010 to 2013, the company
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    sold 27 plots to 26 individuals in a proposed project by name Hi-Grove

    County. Later in the year 2016, the company partnered with one

    Mirza Firasat Baig, Mohammed Hadi Ali, Khatija Begum, and Abdul

    Rahman, etc., and had executed three DAGPAs with KCPL for

    development of land admeasuring 193 acres, which also included the

    land of the 26 individuals. It is further alleged by some of the

    individuals / plot owners that the company had given their land for

    development without taking their permission / consent and when they

    approached the directors of the company expressing their grievance,

    the petitioner’s son refused to give any right over the said plots and

    threatened the plot owners with dire consequences. In those

    circumstances, 8 plot owners filed various complaints with the police

    against the company for trespass, cheating, misappropriation,

    criminal breach of trust and criminal intimidation for collecting money

    under the guise of selling plots and subsequently entering into the

    DAGPA with the developers, which includes the plots belonging to the

    complainants / victims without their consent. During the

    investigation under PMLA, 2002, summons were issued to the

    petitioner on 15.02.2021 to appear before respondent No.3

    Department for deposition of statement and furnishing of certain

    documents. However, the petitioner furnished only part information.

    Thereafter, multiple summons were issued to the petitioner under

    Section 50 of PMLA. However, every time, the petitioner sought

    adjournment citing his ill-health and claimed that he was living
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    abroad. Thereafter, on 15.05.2023, an LOC was issued against him.

    Subsequently, an intimation of the petitioner’s arrival at Rajiv Gandhi

    International Airport (for short “RGIA”), Hyderabad on 30.09.2024 was

    communicated to respondent No.3 Department by Bureau of

    Immigration. It is further submitted that if the LOC was not issued

    against the petitioner, the respondent No.3 Department would not

    have known about his arrival and that the petitioner was very well

    aware of the investigation pending against him and if the petitioner is

    a law abiding citizen, he could have informed the Department about

    his plan of coming to India. However, the petitioner did not do so, but

    for the pending LOC, the petitioner would have come and gone

    without the knowledge of the Department, thereby impeding the

    investigation.

    6. It is further submitted that after receipt of the information

    about the petitioner’s arrival, summons were issued to him and his

    statements were recorded on 01.10.2024 and 03.10.2024. While

    recording the petitioner’s statement, the petitioner was asked to

    produce the documents regarding the details of 27 plots sold and their

    current status. However, the petitioner sought time and later

    furnished details, whereby the petitioner informed that sale deeds

    pertaining to 6 plots were subsequently cancelled and investors / plot

    owner’s money were returned to the respective parties. Further,

    during the petitioner’s statement on 03.10.2024, the petitioner was

    asked about security deposits received from KCPL for execution of
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    DAGPA for the said 193 acres of land along with payment details for

    the acquisition of the said lands. In response, the petitioner

    submitted the details of security deposit of Rs.2.06 crores received

    from the developer i.e. KCPL, and details of various purchase deeds

    executed from 2008 to 2016 for the purchase of immovable properties,

    but failed to produce the source of acquisition thereon. Further, on

    investigation, it was revealed that some purchase deeds viz.,

    270/2008, 261/2008 and 262/2008 were executed in favor of various

    persons by name Mohammed Hadi Ali, Miss Huda Hadi Ali and Mrs.

    Khatija Begum (all related to petitioner) by M/s. Greenscape Mega

    Resorts Private Limited and the company. Further, the petitioner had

    not furnished the source of acquisition of land, which was assigned to

    developer i.e. KCPL through DAGPA. The petitioner also sought time

    to provide acquisition as well as source details. It is further submitted

    that petitioner vide letters dated 07.10.2024 and 02.12.2024,

    submitted the copies of sale deeds of all the 27 plots entered into by

    his company with the buyers as well as copies of the cancellation

    deeds with respect to 6 plots as mentioned and further stated that 7

    acres of land was kept aside for the remaining plot owners. However,

    the details of payment made by the petitioner for the acquisition of the

    said lands along with its source thereof were not submitted and they

    are still pending for submission.

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    SUBMISSIONS:

    7. Learned Senior Counsel appearing on behalf of the petitioner

    would submit the impugned LOC is arbitrary, illegal and without any

    basis for the reason i.e. the basis of issuing summons under PMLA,

    2002 by ED is on the complaint made by the complainant claiming to

    have invested Rs.20.00 lakhs in the company on various dates during

    the years 1999 and 2000 and would submit that the complainant has

    never invested Rs.20.00 lakhs in the company. Learned Senior

    Counsel would submit that the complainant sold shares in the year

    2009 and the same were transferred to petitioner’s son, as per

    procedure. It is further submitted that the complainant filed a

    petition in NCLT, Hyderabad Bench in C.P.No.222/59/HDB/2020 and

    the same was dismissed for non-prosecution on 13.10.2022. Further,

    this Court in Crl.P.No.338 of 2020 by an order dated 20.09.2023

    quashed F.I.R.No.135/2017, dated 24.07.2017 filed by the

    complainant against the petitioner and others. Further, the

    complainant filed O.S.No.613 of 2017 on the file of learned XX Junior

    Civil Judge, City Civil Court, Rangareddy District and the learned XX

    Junior Civil Judge, City Civil Court, Rangareddy District by an order

    dated 27.12.2017 in I.A.No.808 of 2017 in the said O.S.613 of 2017,

    the plaint was ordered to be returned and the same was never

    represented by the complainant. Further, the complainant executed

    settlement deed in favor of KCPL and collected cheque for Rs.9.50

    Crore and at the behest of the developer, the complainant admitted in
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    a voice note of WhatsApp that on instigation of one K.Santosh Reddy,

    who was the father of the developer, the complainant filed

    CP.No.222/HDB/2020 before respondent No.3 – Directorate of

    Enforcement. Thereafter, the copies of the settlement deed, cheque

    and WhatsApp voice notes were submitted to respondent No.3 by the

    petitioner. As such, the respondent No.3 is privy to that information

    and there is no basis for the institution of ECIR dated 07.12.2020.

    Further, the allegation with respect of sale of 27 plots to 26

    individuals in a Hi-Grove County proposed project, the allegation

    stands disproved since the land of 7 acres was excluded from the

    development agreement dated 29.04.2016 and this Court by order

    dated 05.09.2023 quashed / partially quashed some of the F.I.R.s.

    Hence, the Enforcement Directorate lacks jurisdiction for taking

    action under PMLA, as the facts neither reveal laundering of money as

    defined under Section 2(p) nor the petitioner is in possession of any

    proceeds of crime as such ordinary criminal law ought to have been

    set in motion. It is further submitted that the petitioner responded to

    summons issued on 15.02.2021 and on 22.03.2021, submitted all the

    documents mentioned in the annexure to the summons. Thereafter in

    July / August, 2023, summons were issued vide e-mail asking the

    petitioner to appear. However, the petitioner responded saying that

    because of his health condition, he could not appear. The petitioner

    submitted sale deeds, bank accounts numbering to 75 documents.

    The petitioner’s statements were recorded by respondent No.3
    16

    Department twice till date, which would indicate that the petitioner is

    fully co-operating with the Enforcement Directorate in the ongoing

    investigation.

    8. Learned Senior Counsel appearing for the petitioner further

    submits that the petitioner was directed by his employer to return by

    24.03.2025, failing which his services would be terminated and his

    entire benefits for the 40 years of service would be forfeited. However,

    the petitioner was extended till 23.04.2025 and now the petitioner

    purchased a return ticket on 27.05.2025, as he is required to appear

    before the trial court in connection with C.C.No.330 of 2020 on

    30.05.2025 and the protection given by this Court in W.P.No.23200 of

    2024 in respect of the LOC opened in connection with C.C.No.330 of

    2020 is in operation. Learned Senior Counsel further submits that

    the petitioner has already furnished the particulars relating to bank

    accounts / deposits belonging to him as well as his company and the

    details of NRE & NRO accounts were also placed in the list of dates

    and contentions. Learned Senior Counsel further draws attention of

    this Court to the details of term deposits maintained in SBI, Main

    Branch and King Koti Agri Business Branch, equity funds accounts

    with Folio numbers, term deposits of HSBC and Life Insurance

    policies and also further draws attention to all company bank account

    details held by the petitioner.

    17

    9. Learned Senior Counsel further submits that the petitioner

    purchased the lands in the years 1998, 1999, 2007, 2008 and 2010.

    The petitioner has given statements available with him relating to the

    payments made through his bank accounts and further submits that

    since banks do not retain account statements beyond the period of ten

    (10) years, the petitioner is not in a position to produce the same and

    it is well within the power of respondent No.3 Department under the

    provision of PMLA to summon the same from the concerned banks, if

    required for investigation.

    10. Learned Senior Counsel for the petitioner further submits that

    the petitioner has furnished all the required information and is ready

    to co-operate with the investigation and pray this Court to grant

    appropriate reliefs including setting aside the impugned LOC issued

    by the respondent No.3 in connection with ECIR/HYDZO/35/2020.

    11. Learned Standing Counsel appearing for respondent No.3

    submits that the case registered against the petitioner under the

    provisions of PMLA, 2002 has been pending since 2020 due to non-

    appearance and non-cooperation from the side of the petitioner. As

    such, the respondent No.3 Department was constrained to issue LOC

    to ensure the presence of the petitioner as and when he arrives India

    and would further submit that if the LOC was not issued against the

    petitioner, the respondent No.3 Department would never have known

    about the petitioner’s arrival to India. Learned Standing Counsel
    18

    would further submit that the petitioner was very well aware of the

    investigation pending against him and if the petitioner is a law abiding

    citizen, he ought to have intimated the Department about his plan of

    coming to India.

    12. Learned Standing Counsel appearing for respondent No.3 would

    further submit that during investigation, the petitioner was

    summoned multiple times. However, the petitioner has not complied

    with the same and on getting the information about his arrival from

    the Immigration Authority, the petitioner was summoned to record his

    statement and sought for requisite documents. Learned Standing

    Counsel further submits that the petitioner was asked to produce

    documents regarding the sale of 27 plots and their current status.

    However, the petitioner sought time to produce the requisite

    documents in respect of the same. Later, the petitioner furnished

    details, whereby the petitioner informed that sale deeds for 6 plots

    were cancelled and the payments were returned to the respective

    parties. Further on his statement recorded on 03.10.2024, the

    petitioner was asked to produce the details of payment made for the

    acquisition of the said lands along with its source and documents

    thereof, for which, the petitioner again sought time. Thereafter by way

    of letters dated 07.10.2024 and 02.12.2024, the petitioner submitted

    copies of sale deeds of all 27 plots entered into by his company with

    the buyers and copies of cancellation deeds with respect to 6 plots.

    However, the petitioner did not submit details of payment made by
    19

    him for the acquisition of the said lands along with its source and

    documents thereof and the requisite details are still pending for

    submission. It is further submitted that the investigation of the

    petitioner’s case is still under progress and the petitioner may be

    directed to submit the pending information / documents and to co-

    operate with the investigation proceedings and eventually pray this

    Court to dismiss the writ petition and to direct the petitioner to

    submit pending information and to fully co-operate with the

    investigation proceedings.

    13. The respondent No.4, who is the impleaded respondent in this

    writ petition, would submit that the respondent No.4 is the de facto

    complainant in the predicate offence i.e. C.C.No.330 of 2020 on the

    file of the learned II Metropolitan Magistrate, Cyberabad, L.B.Nagar,

    Rangareddy District giving rise to the proceedings initiated by the

    respondent authority invoking provisions of PMLA, 2002 against the

    petitioner. The respondent No.4 refers to various documents

    including the orders passed by this Court, wherein, the petitioner

    even on grant of concession to appear and participate with the due

    process of law but disobeyed on one pretext or other. It is further

    submitted that even after expiry of the petitioner’s passport and on

    failure of his attempts to get renewal compelling to return to India,

    approached this Court seeking for suspension of LOC, whereby this

    Court upon consideration of the fact that since almost 6 long years,

    the enquiry against the petitioner is pending, suspended the LOC for a
    20

    limited period issued in the predicate offence permitting the petitioner

    to file recall application on their appearance before the trial court and

    thereof to travel abroad only in given circumstance of the petitioner

    being permitted and in such compelling circumstances, the petitioner

    has travelled back to India. It is further submitted that the petitioner

    approached the trial court in the predicate offence i.e. C.C.No.330 of

    2020 on the file of learned II Metropolitan Magistrate, Cyberabad,

    L.B.Nagar, Rangareddy District to permit him to travel abroad. The

    said application was pending before the trial court and the same has

    not been disclosed by the writ petition. It is further submitted that

    the petitioner has chequered history in evading and avoiding the

    process of law. It is further submitted that the respondent No.4 has

    serious doubts with regard to petitioner’s bonafides. Eventually, it is

    submitted that subsistence of the impugned LOC is necessary for the

    appropriate action of reporting the petitioner’s arrival to the Law

    Enforcement Agencies, which in turn can execute the orders of the

    competent jurisdictional court. It is further submitted that the

    petitioner approached this Court with malafide and mischievous

    intention seeking suspension of the LOC and that the criminal

    proceedings vide C.C.No.330 of 2020 were initiated against the

    petitioner at the instance of respondent No.4 and if any relief is

    granted to the petitioner, it would cause prejudice to the rights and

    interests of respondent No.4 and prayed this Court to dismiss this

    writ petition.

    21

    14. Heard Mr. D.V.Sitaram Murthy, learned Senior Counsel

    appearing on behalf of Mr. Kiran Kumar, learned counsel for the

    petitioner on record and Mr. V.T.Kalyan, learned counsel appearing

    for respondent No.3, N.Naveen Kumar, learned counsel for respondent

    No.4.

    15. The main grievance of the petitioner is that the respondents by

    opening LOC against the petitioner in connection with

    ECIR/HYDZO/35/2020 disables the petitioner to travel from / to

    India. The respondent No.3 has already initiated the proceedings

    under PMLA, 2002, which is pending since 2020 and is concerned

    with the petitioner source of acquisition. It is to be noted that unless

    the petitioner co-operates with respondent No.3 in submitting all the

    relevant documents, the respondent No.3 thereby cannot conclude the

    investigation pending under the provisions of PMLA, 2002. The

    respondent No.3 is directed to specify the petitioner for submission of

    required documents pending in the investigation in one go by issuing

    the notice specifying the date and time and the petitioner shall submit

    the required information / documents as required by respondent No.3

    in concluding the investigation.

    16. In Showik Indrajit Chakraborty vs. Additional Superintendent of

    Police and Another 1, the High Court of Bombay by order dated

    22.02.2024 observed that indefinite pendency of LOC is violation of an

    1
    Crl.W.P.No.3135 of 2023
    22

    individual’s right to travel abroad under Article 21 of Constitution of

    India. The relevant paragraphs are extracted hereunder:

    “27. It is not in dispute that all the petitioners have roots in
    the society. The right to travel is a fundamental right and
    cannot be curtailed except according to due procedure
    established by law. Under the format for issuance of LOC
    itself, “reasons” must be given. Even under the said
    Consolidated Guidelines, the LOC is expected to be
    periodically reviewed, as to whether ground exists to
    continue the same. No reason has been mentioned in the
    LOCs, as to why issuance of LOCs was warranted, except for
    mentioning the FIR and giving the gist of the FIR. Nor is there
    anything to show that the LOC issued has been reviewed
    after 2020. It is pertinent to note that it not a case of the
    respondent CBI that the petitioners, except Rhea is a flight
    risk. All the petitioners have roots in India. All the petitioners
    including petitioner Rhea have cooperated with the
    investigation. The only submission is that investigation is
    ongoing and that permission can be sought as and when the
    petitioners intend to travel abroad, for suspension of the LOC,
    during the said period. This submission, we are afraid,
    cannot be accepted or acceded to, and as such we reject the
    same. The LOC cannot be kept pending indefinitely, in this
    case for more than 3 1/2 years, though the petitioners have
    cooperated with the investigation, which fact has not been
    disputed. As noted earlier, there is already a condition
    imposed on the petitioners Showik and Rhea, in an NDPS
    case, not to leave the country, without the permission of the
    Court.”

    17. In Maria Ramesh vs. Union of India and another 2, the High Court

    of Delhi by order dated 27.01.2026 observed that mere pendency of

    investigation or registration of a criminal case cannot justify the

    operation of LOC. The relevant paragraphs are extracted hereunder:

    “8. Before turning to the facts of the instant case, at the outset, it is
    pertinent to note the legal position as to when the Court shall exercise
    its discretion under Article 226 of the Constitution of India to quash the
    LOCs.

    9. This Court in Vikram Sharma v. Union of India and Sumer
    Singh Salkan v. Asst. Director has elucidated the legal framework
    governing the issuance of LOC. In Sumer Singh Salkan, the Court
    2
    W.P..(C).No.15701 of 2022 and batch
    23

    held that recourse to issuance of LOC where the accused was
    deliberately evading arrest or not appearing in the trial court despite
    non-bailable warrants and other coercive measures, and there was a
    likelihood of the accused leaving the country to evade trial/arrest. The
    Court, while answering the reference, held as under:-

    “11. Look-out-Circular has also been issued against the
    petitioner as the petitioner is an accused the Court of M.M. and
    he has not appeared the Court of M.M. If the petitioner gives an
    undertaking the court for his appearance on a particular date,
    through his counsel, the Look-out-Circular issued against the
    petitioner shall be withdrawn within 24 hours of giving
    undertaking by the petitioner.

    The questions raised in the reference are as under:
    A. What are the categories of cases in which the investigating
    agency can seek recourse of Look-out-Circular and under what
    circumstances?

    B. What procedure is required to be followed by the
    investigating agency opening a Look-out-circular?
    C. What is the remedy available to the person against whom
    such Look- out-Circular has been opened?

    D. What is the role of the concerned Court when such a case is
    brought it and under what circumstances, the subordinate courts
    can intervene?

    The questions are answered as under:

    A. Recourse to LOC can be taken by investigating agency in
    cognizable offences under IPC or other penal laws, where the
    accused was deliberately evading arrest or not appearing in the
    trial court despite NBWs and other coercive measures and there
    was likelihood of the accused leaving the country to evade
    trial/arrest.

    B. The Investigating Officer shall make a written request for
    LOC to the officer as notified by the circular of Ministry of
    Home Affairs, giving details & reasons for seeking LOC. The
    competent officer alone shall give directions for opening LOC by
    passing an order in this respect.

    C. The person against whom LOC is issued must join
    investigation by appearing I.O. or should surrender the court
    concerned or should satisfy the court that LOC was wrongly
    issued against him. He may also approach the officer who
    ordered issuance of LOC & explain that LOC was wrongly
    issued against him. LOC can be withdrawn by the authority that
    issued and can also be rescinded by the trial court where case is
    pending or having jurisdiction over concerned police station on
    an application by the person concerned.

    D. LOC is a coercive measure to make a person surrender to the
    investigating agency or Court of law. The subordinate courts’
    jurisdiction in affirming or cancelling LOC is commensurate
    24

    with the jurisdiction of cancellation of NBWs or affirming
    NBWs.”

    10. In Puja Chadha v. Directorate of Enforcement. the Court,
    while relying on the decisions in the cases of Prashant Bothra v.
    Bureau of Immigration
    , Dhruv Tewari v. Directorate of
    Enforcement
    , Sumer Singh Salkan, Brij Bhushan Kathuria v.
    Union of India and Anastasiia Pivtsaeva v. Union of India, held
    that the power to issue an LOC is an extraordinary and coercive
    measure which has a direct bearing on an individual’s right to travel,
    and therefore must be exercised strictly in accordance with law.

    11. Recently, this Court in the case of Sandeep Dhanuka v.
    Directorate of Revenue Intelligence, has also dealt with various
    aspects of the issuance of LOC and has held as under: –

    “14…….An LOC has the effect of seriously jeopardising
    the right to travel of an individual. The settled legal
    position, as per the judgment in Sumer Singh Salkan
    (supra) is that unless and until there is an FIR which is
    lodged or a criminal case which is pending, an LOC
    cannot be issued.

    xxx xxx xxx

    18. It is clear from a perusal of clauses (g), (h) and (j) that
    unless and until the conditions in these clauses are
    satisfied, prima-facie an LOC cannot be opened.

    xxx

    44. Similarly in Ashutosh Sharma v. Union of India,
    W.P.(C
    )7769 of 2022, the Court has observed as under:-

    12. The above makes it clear that only in exceptional cases
    can a LOC be issued without fulfilling the parameters. This
    is because a person’s right to travel freely is an expression
    of their fundamental right to personal liberty enshrined
    under Article 21 of the Constitution. Therefore, such a
    right can only be restricted under strict parameters and in
    accordance with the procedure established by law.”

    45. Reference is also apposite to Hulas Rahul Gupta v.
    Bureau of Immigration
    (supra), wherein the Court has
    observed as under –

    18. The abovementioned guidelines show that the ordinary
    recourse to open LOCs is to be taken in cognizable offence
    under IPC and other penal laws. However, in exceptional
    circumstances, LOCs can be opened in such cases which
    are not covered by the guidelines if it is felt that the person
    concerned if leaves the country would be against the
    economic interest of the country.

    25

    19. It is now a settled law that opening of an LOC has a
    very serious effect on a person’s fundamental right to travel
    abroad which is on the face of Article 21 of the
    Constitution of India and the said right to travel cannot be
    curtailed without following due process. It is also settled
    law that recourse to LOC can be taken by the Investigating
    Agencies primarily when there is a cognizable offence
    under IPC or in any other penal laws or where the accused
    is deliberately evading the arrest and not appearing before
    Court despite summons being served on him or issuance of
    non-bailable warrants or when other coercive measures
    have been taken by the Court to ensure his appearance in
    the Court and that there is likelihood of the accused to
    leave the country to evade such trial or arrest.

    20. The LOCs are also being issued at the instance of
    Investigating Agencies where apprehension is raised by the
    Investigating Agencies that the person who is alleged of
    committing an offence might escape the clutches of law by
    leaving the country. However, the law is also getting
    crystallized that merely because there are some revenue
    implications, the LOC cannot be opened against a person.
    A Single Bench of this Court in Priya Parameswaran Pillai
    v. Union of India
    , [2015 VII AD (Delhi) 10] has held that
    merely because there were some revenue implications due
    to notices issued by the Income Tax Authorities, the
    violations of tax laws are not demonstrative of the fact that
    the Petitioner therein had acted inimical to the economic
    interests of the country.

    12. It is pertinent to note the decision of this Court in Rajesh Kumar
    Mehta v. Union of India
    . The relevant extract of the aforenoted
    decision reads as under::

    26. Lookout Circular is a major impediment for a person
    who wants to travel abroad. There is plethora of
    judgments which states that no person can be deprived of
    his right to go abroad other than for very compelling
    reasons. In Maneka Gandhi v. Union of India, (1978) 1
    SCC 248, the Apex Court has held as under:–

    “5. …Thus, no person can be deprived of his right to
    go abroad unless there is a law made by the State
    prescribing the procedure for so depriving him and the
    deprivation is effected strictly in accordance with such
    procedure. It was for this reason, in order to comply with
    the requirement of Article 21, that Parliament enacted the
    Passports Act, 1967 for regulating the right to go abroad.
    It is clear from the provisions of the Passports Act, 1967
    that it lays down the circumstances under which a passport
    26

    may be issued or refused or cancelled or impounded and
    also prescribes a procedure for doing so, but the question
    is whether that is sufficient compliance with Article 21. Is
    the prescription of some sort of procedure enough or must
    the procedure comply with any particular requirements?
    Obviously, the procedure cannot be arbitrary, unfair or
    unreasonable. This indeed was conceded by the learned
    Attorney-General who with his usual candour frankly
    stated that it was not possible for him to contend that any
    procedure howsoever arbitrary, oppressive or unjust may
    be prescribed by the law….”

    13. In Shalini Khanna v. Union of India 3 this Court held as under: –

    21. It is well settled that merely because the Office
    Memorandum permits the issuance of a lookout circular
    in exceptional circumstances, even when an individual is
    not involved in any offence under the IPC or any other
    penal law, the said power should be used in exceptional
    circumstances and not as a matter of routine.

    14. Recently, this Court, in Anant Raj Kanoria v. Union Of India &
    Ors
    , upon an exhaustive consideration of the earlier precedents, held
    that the mechanical continuation of a LOC, in the absence of any
    necessity for the petitioner’s participation in the investigation, renders
    such restraint prima facie arbitrary, particularly where the petitioner
    has neither evaded the process of law nor exhibited any intent to
    obstruct the investigation. The Court further observed that repeated
    invocation of the writ jurisdiction for interim reliefs in such matters
    places an avoidable burden on judicial time, which could otherwise be
    devoted to cases involving substantive rights and pressing questions of
    law.”

    18. In that view of the matter, referring to the aforesaid judgments and

    judicial precedents and having considered the submissions made by the

    learned counsel on either side, this writ petition is disposed of with the

    following directions:

    (i) The respondent No.3 shall conclude the investigation in
    ECIR/HYDZO/35/2020 and take further course of action
    as expeditiously as possible in continuing the LOC.

    3

    W.P.(C) 10951/2022
    27

    (ii) The petitioner shall deposit his original passport before the
    II Metropolitan Magistrate, Cyberabad at L.B.Nagar,
    Hyderabad, in C.C. No.330 of 2020.

    (iii) The petitioner shall submit an undertaking along with an
    affidavit before the II Metropolitan Magistrate, Cyberabad at
    L.B.Nagar, Hyderabad, in C.C. No.330 of 2020, stating that
    the petitioner will not leave India during pendency of the
    said C.C. without permission of the Court and will
    cooperate with the Trial Court in concluding the criminal
    proceedings.

    (iv) The II Metropolitan Magistrate, Cyberabad at L.B.Nagar,
    Hyderabad, in C.C. No.330 of 2020, shall consider the same
    and pass appropriate orders strictly in accordance with law.

    19. With the above observations, this writ petition stands disposed

    of. There shall be no order as to costs.

    As a sequel thereto, miscellaneous applications if any pending,

    in this petition, shall stand closed.

    _________________________________
    JUSTICE N.V.SHRAVAN KUMAR
    Date: 10.06.2026
    Nsk



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