Interim Order 58

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. SUDHANSHU KAUSHIK :
SPECIAL JUDGE (PMLA/PC ACT)/CBI-11 :
ROUSE AVENUE DISTRICT COURT : NEW DELHI
IN THE MATTERS OF:
IA No.04/2025 (CC No.47/2019) DoE Vs H.B.Chaturvedi & Ors.
IA No.06/2025 (CC No.48/2019) DoE Vs H.B.Chaturvedi & Ors.
IA No.05/2025 (CC No.196/2019) DoE Vs H.B.Chaturvedi & Ors.
IA No.04/2025 (CC No.197/2019) DoE Vs H.B.Chaturvedi & Ors.
IA No.08/2025 (CC No.266/2019) CBI Vs H.B.Chaturvedi & Ors.
IA No.06/2025 (CC No.272/2019) CBI Vs H.B.Chaturvedi & Ors.
IA No.06/2025 (CC No.273/2019) CBI Vs H.B.Chaturvedi & Ors.
IA No.06/2025 (CC No.43/2019) CBI Vs H.B.Chaturvedi & Ors.
05.06.2025
These are eight (08) separate applications filed on behalf of accused
Amit Chaturvedi seeking permission to travel abroad.
Present : Sh. Avanish Kumar Chand, Ld. PP for CBI.
Sh. Atul Tripathi and Sh. Simon Benjamin, Ld. Spl. PPs
for DoE (through VC)
Sh. Pankaj Kumar Singh, Counsel for applicant/accused
Amit Chaturvedi.
1. I shall dispose of all the applications by this common order.
Applicant Amit Chaturvedi in one of the accused in the above
titled eight cases. By means of these applications, applicant has
sought directions that he may be permitted to travel abroad. He
has sought permission to travel to Nepal along with his famly to
pay visit at Pashupati Nath Mandir from 12.06.2025 to
20.06.2025.
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2. Notice of the applications was issued to the CBI as well as DoE.
Separate replies have been filed by DoE. Be taken on record.
Copies supplied. However, Ld. PP for CBI has not preferred to
file reply to the applications but he has opposed the same. Ld.
Special PP for DoE has argued that applicant is involved in
multiple cases registered by DoE as well as CBI. He has stated
that applicant is involved in the commission of grave economic
offence and there is ample evidence on record to show his
complicity in the commission of the said offence. It is further
submitted that there is every apprehension that if permitted to
travel abroad, there is every likelihood of applicant fleeing from
justice. Ld. PP for CBI has argued that there is no treaty for
extraditing between India and Nepal. He has contended that it
would be difficult to secure the presence of the applicant, in
case, he flees from justice.
3. Arguments heard. Record perused.
4. The applicant intends to pay visit to Pashupati Nath Temple,
Nepal from 12.06.2025 to 20.06.2025 along with his family.
The right to travel abroad is a part of fundamental right as
enshrined under Article 21 of the Indian Constitution. I am of
the considered opinion that there is no impediment in granting
the liberty to the applicant to travel abroad for a religious trip to
Pashupati Nath Temple, Nepal along with his family.
Accordingly, all the applications stand allowed. Applicant Amit
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Chaturvedi is permitted to travel to Nepal from 12.06.2025 to
20.06.2025 along with his family subject to the following terms
& conditions:
i. That applicant/accused shall file complete itinerary in the
court before leaving the country;
ii. That applicant/accused shall furnish security amount of
Rs.3,00,000/- (Rupees Three Lac only) in the form of
FDR;
iii. That application/accused shall furnish return affidavit
within 48 hours on arrival to India.
iv. That applicant/accused shall not request for extension for
staying abroad;
v. That applicant/accused shall not try to influence witnesses
and shall not use the permission granted to him contrary to
the rules;
vi. That applicant/accused shall submit the address of his stay
in abroad along with telephone/contact numbers with an
undertaking that he shall return to India within time and
shall appear before the court or Investigating Agency, as
the case may be in case any such instructions is conveyed
to him telephonically or otherwise;
vii. That applicant/accused shall file an undertaking before
leaving the country that he shall strictly comply with the
terms & conditions of this order;
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5. However, it is made clear that this permission shall be subject
to other applicable rules & regulations and shall not be deemed
as directions to any other authority except the permission to
travel abroad.
Application stands disposed of.
Dasti copy of the order be provided to the applicant or his
counsel.
(Sudhanshu Kaushik)
Special Judge (PMLA/PC Act)/CBI-11,
Rouse Avenue Courts, Delhi
05.06.2025
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