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Bombay High Court

Yogeshh Jogindernath MehraversusUnion of India through Ministry of Corporate Affairs

Decided
Disposal
Disposed Off

Holding

The court held that the applicant should pursue his application before the Special Court in New Delhi and disposed of the interim application without deciding its merits.

Summary

The applicant, Yogeshh Jogindernath Mehra, filed an interim application seeking permission to travel to the United States from 19 May to 28 May 2026 and to have a Look‑Out Circular issued against him suspended. The court noted a prior order allowing travel in December 2025 and considered whether the same relief could be granted now. Respondents argued that the present case involved a new Look‑Out Circular issued in Delhi, with proceedings pending before a Special Court, and that the applicant should approach that court. The applicant’s counsel agreed to pursue the matter before the Special Court in New Delhi. The court, without addressing the merits, granted the applicant liberty to approach the Special Court and disposed of the interim application.

Issues considered

  • Whether the applicant is entitled to permission to travel abroad despite the Look‑Out Circular.
  • Whether the Look‑Out Circular should be suspended pending resolution of the case.
  • Whether the applicant should approach the Special Court in New Delhi for relief.

Subjects

  • travel permission
  • look-out circular
  • special court
  • interim application
  • criminal appellate jurisdiction
  • liberty to travel
  • suspension of circular

Judgment

          Digitally
          signed by                                                  17-IA-1232-2026.doc
          RUPALI
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.05.12
          19:40:34       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          +0530

                               CRIMINAL APPELLATE JURISDICTION
                             INTERIM APPLICATION NO. 1232 OF 2026
                                                 IN
                                 WRIT PETITION NO. 6594 OF 2025


                Yogeshh Jogindernath Mehra                           ...Applicant
                     Versus
                The Union of India through Ministry
                of Corporate Affairs & Ors.                          ...Respondents


                Dr. Yusuf Iqbal Yusuf a/w Mr. Zubin Sheth i/b YNA Legal, Advocates
                a/w Mr. Dev Mistry for the Applicant.

                Mr. S.K.Halwasia a/w Ms. S.S.Halwasia, for the Respondent Nos.1
                and 2 – SFIO.

                Ms. Supriya Kak, A.P.P for the Respondent – State.


                                    CORAM : ADVAIT M. SETHNA &
                                            SANDESH D. PATIL, JJ.
                                    DATE : 12th MAY, 2026
                                          (VACATION COURT)

                P.C. :


                1.           This interim application has been filed for issuance of

                necessary directions to allow and permit the Applicant to travel to

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            United States of America from 19 th May, 2026 to 28th May, 2026 for

            business purpose alongwith necessary directions to suspend the Look-

            Out Circular issued by the Respondent No.2 against the Applicant. By

            an earlier order passed by the Co-ordinate Bench of this Court dated

            6th May, 2026, liberty was given to mention the matter before the

            Vacation Court. The Court also whilst adjourning the matter, directed

            the Respondent Nos.1 and 2 to take instructions regarding the

            application for opening the Look-Out Circular and at such request,

            the matter was listed for 12 th May, 2026. It is in such backdrop that

            the proceedings are before the Vacation Court today.

            2.         Heard learned Counsel for the parties at some length.

            3.         Dr. Yusuf, learned Counsel appearing for the Applicant has

            first drawn attention of this Court to an order of the Co-ordinate

            Bench of this Court dated 16th December, 2025. By the said order, the

            Applicant was permitted to travel abroad from 17 th December, 2025

            until 5th January, 2026, subject to the terms and conditions stipulated

            in the said order. It is his contention that the situation is the very

            same today and therefore, a similar permission to travel abroad in the


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            present case also be granted to the Applicant.

            4.           Mr.   Halwasia,   learned   Counsel    appearing    for   the

            Respondent Nos.1 and 2 – SFIO would, on the other hand, submit

            that there is a stark difference of facts in the order dated 16 th

            December, 2025 and the proceedings which are before this Court

            today. He would submit that the proceedings before this Court today,

            pertains to the Look-Out Circular which is issued in Delhi, in respect

            of which, proceedings have been initiated before the Special Court at

            New Delhi.      A copy of such complaint has been provided to the

            Applicant.    He would, therefore, submit that it would be fit and

            proper for the Applicant to approach the competent Special Court in

            New Delhi and pursue his Application.

            5.           Dr. Yusuf, learned Counsel for the Applicant has submitted

            that even if the said complaint is filed in Delhi, it is at pre cognizance

            stage.

            6.           Learned Counsel for the Applicant, on instructions, has

            agreed to pursue the Application and proceed before the Special Court

            at New Delhi, where the proceedings are presently pending. We grant


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            such liberty to the Applicant to do so. We clarify that all rights and

            contentions of the parties are expressly kept open before the said

            Special Court at New Delhi.

            7.         Without expressing any opinion on merits of the matter,

            we dispose of this Interim Application in the above terms.




            SANDESH D. PATIL, J.                     ADVAIT M. SETHNA, J.




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