Punit S/O Vijaykumar Madhok v. The State Of Maharashtra And ANR

by RUPALI RAJESH WAKODIKAR Date:

2023.03.09 11:43:45 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO. 129 OF 2023 IN CRIMINAL APPLICATION NO. 500 OF 2013 Punit s/o Vijaykumar Madhok ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Niranjan S. Mundargi a/w Ms. Keral Mehta i/b Mr. Anand Chaure, for the Applicant.

Mrs. P.P.Shinde, A.P.P for the Respondent-State. Mr. Dashrath Dube a/w Mr. Rupesh Dube for the Respondent No.2 - Passport Authority.

CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 3 rd MARCH, 2023 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks the following relief; "(a) This Hon'ble Court be pleased to pass appropriate Order directing Passport Office/Authority to enable the 1/3

applicant to apply for renewal of his passport or seek issuance of fresh passport as per the rules/gazette for a period of 10 years for the purpose of travel in the interest of justice."

3.

Perused the papers. It appears that the applicant has been arraigned as accused No.2 in C.R.No. 61 of 2013, registered with the Oshiwara Police Station, Mumbai, for the alleged offences punishable under Sections 406, 420 r/w 34 of the Indian Penal Code. This Court vide order dated 10th April, 2013, granted pre-arrest bail to the applicant in connection with the said C.R. Thereafter, the applicant approached this Court by way of an application i.e. Criminal Application No. 500 of 2013 and sought quashing of the FIR registered as against him. This Court vide order dated 23rd March, 2017 granted Rule and by way of interim relief, directed the Police to continue with the investigation, but not to submit the final report without the leave of this Court. Thereafter, this Court vide order dated 16th March, 2018, on an application made by the applicant, directed the Passport Authority to issue passport having validity of three years, subject to the Passport Act and Passport Rules. The 2/3

aforesaid application i.e. Criminal Application No. 500 of 2013 is pending since 2013. Admittedly, no restrictions are imposed restricting applicant from traveling out of India. 4.

Considering the aforesaid, we deem it appropriate to direct the Passport Authority to renew the passport or to issue fresh passport to the applicant, as the case may be, in accordance with the Passport Act and Passport Rules, for a period of 10 years. 5.

Application is accordingly disposed of on the aforesaid terms.

6.

All Concerned to act on the authenticated copy of this order.

7.

Criminal Application No. 500 of 2013 to be listed under the caption 'For Direction' on 30th March, 2023. PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

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