Delhi High Court · 2025

$~83 and 84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14815/2023 (83) VIJAY KUMAR CHOUDHARY .....Petitioner Through: Mr. Ravi Prakash, Sr. Advocate along with Mr. Aditya Dewan and Ms. Himangi Kapoor, Advocates. versus STATE BANK OF INDIA & ORS. .....Respondents Through: Mr. Sanjay Kapur, Advocate along with Mr. Surya Prakash and Mr. Abhishek Tiwari, Advocates for R-1/SBI. Ms. Anupam S. Sharrma, Special Counsel for ED. Mr. Vijay Joshi, CGSC along with Mr. Kautilya Birat, GP and Mr. Shubham Chaturvedi, Advocates for R-3. + W.P.(C) 9990/2025 (84) VIJAY KUMAR CHOUDHARY .....Petitioner Through: Mr. Ravi Prakash, Sr. Advocate along with Mr. Aditya Dewan and Ms. Himangi Kapoor, Advocates. versus CENTRAL BUREAU OF INVESTIGATION & ANR.....Respondents Through: Ms. Anupam S. Sharrma, Special Counsel for ED. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 26.09.2025 CM APPL.61683/2025 (seeking disposal of writ petition in light of the withdrawal of LOC) in W.P.(C) 14815/2023 CM APPL.61688/2025 (seeking disposal of writ petition in light of the withdrawal of LOC) in W.P.(C) 9990/2025 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2025 at 12:18:29

1. The present applications have been filed by the petitioner in light of the fact that Lookout Circulars (LoCs) issued against the petitioner by the Central Bureau of Investigation (CBI) in relation to FIRs bearing no. RC/2232021A0007 dated 29.06.2021 and FIR-RCBD1/2020/E/0002 dated 10.02.2020 have been withdrawn. 2. Vide order dated 23.04.2025, passed in the present proceedings, it was directed as under:- “1. Respective counsel for the parties have been heard at extensive length. 2. The respondent no.2/CBI is directed to file a short affidavit setting out the status of the various Lookout Circulars (LoC) opened against the petitioner and as to whether the same continue to subsist or not. Let the same be filed within a period of 2 weeks from today. 3. Learned senior counsel for the petitioner draws attention to an order dated 09.12.2019 passed by the SBI, Wilful Defaulter Identification Committee– II, Corporate Centre, Mumbai in the context of Educomp Infrastructure& School Management Limited (EISM) where it has been found as under:- “The committee decided to exonerate Shri Vijay Kumar Choudhary and Shri Rajat Khare on the basis of their submission and evidences that they were Independent Directors and had no role in day to day working affairs of the Company.” 4. It is submitted that the basis (if any) for opening an LOC against the petitioner by the SBI/respondent no.1 does not survive in view of the aforesaid conclusion. 5. The respondent no.2 is directed to also file affidavit stating whether the aforesaid findings have been acted upon and/or reviewed. Let the same be filed within a period of 2 weeks from today. 6. List for further hearing on 19.05.2025.” 3. It is pointed out by the respective counsel for the parties that in compliance of the order dated 23.04.2025, an affidavit dated 13.05.2025 was filed on behalf of the CBI, wherein, it was inter-alia, stated as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2025 at 12:18:29 “5. That presently, 04 LoCs were issued against the Petitioner herein. The details of the LoCs issued against the Petitioner as per the status report/memorandum dated 26.10.2022 filed by Respondent No. 3- Bureau of Immigration are reproduced herein as under: a) At the behest of Superintendent of Police-1, CBI, BSFB, CGO Complex, New Delhi in RC/8D1/2020/E/0002/CBI/BSFB/New Delhi dated 10.02.2020, i.e., ESL FIR/RC; b) At the behest of Superintendent of Police-2, CBI, BSFB, CGO Complex, New Delhi in RC/8D1/2022/E/0001/CBI BSFB/New Delhi dated 28.04.2022, i.e., ESL FIR/RC; c) At the behest of Chairman, State Bank of India, Corporate Office, Mumbai vide ref. Dated 17.05.2019; d) At the behest of Superintendent of Police, Anti-Corruption-V, CBI Head Office, New Delhi in FIR RC No. RC/2232021A0007 dated 29.06.2021 i.e., EISML FIR/RC (Present case FIR/RC); 6. That in view of the order dated 23.04.2025 passed by this Hon'ble Court, it is stated that in the present case FIR/RC i.e., FIR RC No. RC/2232021A0007{E/SML FIR/RC) dated 29.06.2021, approval for withdrawal of LOC issued against the Petitioner has been granted by the Competent Authority and the same would be communicated to Respondent No. 3-Bureau of Immigration. Further, in so far as the status of the remaining 02 LoCs issued against the Petitioner at the behest of Respondent _No. 2-CBI, BSFB Branch in case FIR/RC RC/BO1/2020/E/0002/CBI/BSFB/NewDelhi dated 10.02.2020 and RC/8D1/2022/E/0001/CBI BSFB/New Delhi dated 28.04.2022 (ESL F/R/RCs) is concerned, it is submitted that the present status of the said LoCs was sought from the CBI, BSFB Branch and vide office letter dated 02.05.2025, it was informed by the said branch that the LoC with respect to case FIR/RC No. RC/BO1/2022/E/0001/CBI BSFB/New Delhi dated 28.04.2022 has been deleted at the request of CBI since the investigation in the said case has been concluded. However, the Loe issued against the Petitioner in case FIR/RC No. RC/BD1/2020/E/0002/CBI/BSFB/New Delhi dated 10.02.2020 continues to subsist as the investigation in the said case with regards to certain accused persons has been stayed by this Hon'ble Court.” 4. During the course of proceedings, it is not disputed that the impugned LOCs, which are subject matter of the present petitions, stand withdrawn by the CBI. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/10/2025 at 12:18:29

5. Learned counsel on behalf of the CBI categorically affirms the aforesaid position and states that the Competent Authority has taken a decision to withdraw the LOCs issued against the petitioner in FIR Nos. FIR-RC/2232021A0007 dated 29.06.2021 and FIR-RCBD1/2020/E/0002 dated 10.02.2020. The said statement is taken on record. 6. In the circumstances, the challenge in the present petitions, which is confined to the aforesaid LOCs has been rendered infructuous, inasmuch as the said LOCs already stand withdrawn. Accordingly, taking on record the said development, the present petitions [W.P.(C) 14815/2023 & W.P.(C) 9990/2025] stand disposed of. 7. The CBI is directed to intimate the factum of withdrawal of the aforesaid LOCs to the Bureau of Immigration, within a period of one week from today. 8. The date already fixed i.e., 29.10.2025 [in W.P.(C) 14815/2023 & W.P.(C) 9990/2025] stands cancelled. 9. The present applications (and other pending application/s) also stand disposed of in the above terms. SACHIN DATTA, J SEPTEMBER 26, 2025/r