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Bombay High CourtIA/1735/2024allowed

Deepu Vishwambharan v. Union Of India And ANR

2024-04-24Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1735 OF 2024 IN WRIT PETITION NO.2755 OF 2023 Deepu Vishwambharan

...Petitioner

Versus

The Union of India and Anr.

...Respondents

....

Mr.C.K.Talekar a/w Mr. Rohit Rajbhar, Advocate for the Petitioner. None for Respondent No.1.

Mr.Anand S. Shalgaonkar, APP for Respondent-State. ....

by ETHAPE DNYANESHWAR ASHOK Date: 2024.04.29 17:10:00 +0530 ETHAPE DNYANESHWAR ASHOK CORAM : PRAKASH D. NAIK & N. R. BORKAR, JJ.

DATE : 24th APRIL 2024 P.C.:- 1.

The applicant is seeking direction to Respondent No.1 to process passport renewal application of the applicant and to grant permission for renewal of passport.

2.

The applicant is petitioner No.3 in Criminal Writ Petition No.2755 of 2023. The petitioner had challenged FIR No. 270 of 2023 registered with Vakola Police Station for offences under Sections 504, 509 read with 34 of the Indian Penal Code, 1860 at the instance of wife of "X" office bearer of housing society.

3.

The petition IS pending before this Court. Interim relief has been granted restraining filing of charge-sheet.

4.

Learned Advocate for Applicant/Petitioner submitted that, applicant is holding passport issued on 7th August 2014 and renewed from time to time and validity of the passport is coming to end on 6th August 2024. The applicant/petitioner has applied for renewal within its validity period. The petitioner in renewal application disclosed registration of the FIR and pendency of the petition before this Court challenging the said FIR. The petitioner has been directed to obtain no objection from the Court pursuant to the application for renewal of his passport. The petitioner work in company, headquartered in North Carolina in United States. He work in the capacity of Regional Sales Director (South Asia) managing various countries. Due to nature of his job, he has to travel abroad. Petitioner thereafter, needs to have valid passport to visit abroad. 5.

Learned APP submitted that FIR No.270 of 2023 has been registered against the petitioner for offences under Sections 504, 506 read with 34 of the Indian Penal Code, 1860.

6.

The petitioner holds passport which has been issued on 7th August 2014 and renewed having validity up to 6th August 2024. Considering the factual aspects as stated hereinabove, permission for renewal of passport can be granted to the applicant/petitioner.

ORDER

(i) Interim Application No. 1735 of 2024 is allowed; (ii) The passport of the petitioner be renewed for a period of 10 years in accordance with requisite rules and regulations. (iii) Interim Application stands disposed off. (N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)