The Karnataka High Court has directed the Enforcement Directorate (ED) to consider the representations made by Sudarshan Ramesh, brother of bitcoin scam accused Sirkrishna, seeking to recall the Look Out Circular issued against him, thereby not allowing him to leave India. This was in the case of XXX And Another vs. State Of U.P. Thr.Its Sec. Home U.P. And 3 Others [APPLICATION U/S 482 No. – 9901 of 2023] and was presided over by Justice M. Nagaprasanna.
FACTS OF THE CASE:
The petitioner claims to be a qualified software Engineer working at Netherlands. On 12-08-2021 the petitioner lands on the shores of this nation to see his ailing father who appears to have been suffering from Parkinson’s disease. The petitioner is a holder of a Dutch residence permit and not a citizen which is necessary for work in Netherlands. Coming of the petitioner to the shores of India is not what is the issue in the lis. The brother of the petitioner had been embroiled in certain transactions which have become subject matter of proceedings before the Enforcement Directorate. In furtherance of the said proceedings, summons come be issued against the petitioner on 26-11-2021 directing him to appear before the 3rd respondent on 29-11-2021. The petitioner did appear before the 3rd respondent 4 and co-operated with the investigation. Since the petitioner was working at Netherlands he had to return back to his job and accordingly, owing to his employment condition, scheduled his travel to Netherlands on 13-01-2022. The petitioner was issued a boarding pass as well for such travel. At the time of boarding the flight, the petitioner was stopped and restrained from proceeding further. Stamping was made on the Visa of the petitioner as cancelled. The petitioner then knocks at the doors of this Court in Writ Petition No.1730 of 2022 on 24.01.2022 seeking to quash the endorsement issued by the Passport Authorities on the Visa that it is cancelled. The writ petition comes to be disposed of in terms of an order dated 20.06.2022 declining to accept the contentions of the petitioner while directing the petitioner to submit a representation seeking recall/withdrawal of LOC issued against him, pursuant to which, the petitioner submitted his representations on 21-09-2022 and 19-12-2022 indicating that he had rendered complete co-operation to the investigation and, therefore, his need in the investigation is not required. He also submitted that he is not an accused in any crime registered under any law in the nation and, therefore, the LOC should be withdrawn. Non-consideration of 5 the aforesaid representations is what drives the petitioner to this Court yet again, seeking a mandamus for consideration of the said representations.
JUDGEMENT:
“This is the clear case of our society’s dark face, where the families still feel shy to get their son or daughter to marry inter caste. In the instant case, the victim girl belongs to OBC community whereas the applicant boy belongs to SC community and out of sheer love and affection, they decided to marry at their teens. This wedlock blessed with a baby boy Shivansh having date of birth 16.09.2022. Despite of all these developments, the applicant is facing the futile exercise of holding trial. The court after hearing the parties, records its deepest anguish, whereby this social menace is so deep rooted that even after 75 years of independence, we are fighting the cases with his opponents on this score only”
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JUDGEMENT REVIEWED BY PRATIKSHYA P. BEURA
