Babasaheb Tatyaba Rahane And ORS. v. The State Of Maharashtra And ANR.

SANDEEP CHITNIS Date: 2023.02.03 13:03:58 +0530 NISHA SANDEEP CHITNIS 913-ia.224.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.224 OF 2023 IN CRIMINAL WRIT PETITION NO.3435 OF 2018 Babasaheb Tatyaba Rahane and Ors.

...Applicants

Versus

State of Maharashtra and Ors.

...Respondents

Mr. Balasaheb R. Deshmukh, for the Applicants. Mr. J. P. Yagnik, A.P.P for the Respondent No.1 - State. Mr. S. K. Halwasia a/w Mr. M. M. Nasiri, for the Respondent No.3 - U.O.I.

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

DATE : 1st FEBRUARY 2023 P.C. :

1.

Learned counsel for the respondent No.3 - U.O.I raises a preliminary objection. He states that it is open for the applicants to file an appropriate application before the trial Court, where the case of the applicants is pending seeking the very same reliefs, as sought for in this interim application.

2.

In view of the objection raised by the learned counsel for N. S. Chitnis 1/2

913-ia.224.2023.doc the respondent No.3, the learned counsel for the applicants seeks leave to withdraw the aforesaid interim application with liberty to file an appropriate application seeking the same directions as sought for in the present interim application before the trial Court. 3.

If an application is filed by the applicant No.4 - Rahul Balasaheb Rahane, for issuance of directions to the Passport Authorities to issue the passport, the learned Judge to decide the said application, as expeditiously as possible, and in any event within one week from the date of receipt of this order. 4.

Interim Application is accordingly disposed of as withdrawn with liberty as prayed on the aforesaid terms. 5.

Writ Petition to be listed 'for admission' on 1st March 2023.

All concerned to act on the authenticated copy of this order. PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

N. S. Chitnis 2/2