Nahid Nazim Rizvi v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1700 OF 2017 Nahid Nazim Rizvi

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr. Sayaji D. Nangre, for the Petitioner.

Mr. S. S. Pednekar, A.P.P for the Respondent No. 1 - State. Mr. Hiten Venegavkar, for the Respondent No.2. CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 9th JUNE 2023 P.C. :

1.

Heard learned counsel for the parties.

2.

By this petition, the petitioner seeks the following substantive reliefs:- "11 .... ....

A) This Hon'ble Court may be pleased to issue Writ of Mandamus or any other Writ or directions and/or Order in the nature of appropriate Writ directing Respondent No. 2, 1/3

to return the cash amount of Rs.1,50,000/- to the Petitioner on such terms and conditions as this Hon'ble Court may deem fit to grant in the circumstances of the case.

B.

This Hon'ble Court may be pleased to issue Writ of Mandamus or any other Writ or directions and/or Order in the nature of appropriate Writ directing Respondent No. 2, to return passport bearing No. BB1291146 to the Petitioner on such terms and conditions as this Hon'ble Court may deem fit to grant in the circumstances of the case."

3.

Mr. Venegavkar, learned counsel for the respondent No.2 - The Deputy Director, Directorate of Enforcement, on instructions, states that the proceeding initiated as against the petitioner under FEMA has been closed. He submits that the process of returning the cash amount of Rs.1,50,000/- alongwith accrued interest thereon, as well as the petitioner's passport, is in progress and that the same will be returned to the petitioner within three/four weeks from today. Statement accepted. Mr. Venegavkar has placed on record a copy of the communication dated 8th June 2023 addressed by Mr. Rajesh Krishnan, Enforcement Officer, Directorate of Enforcement, Mumbai Zonal Office - 1. The said communication is taken on record. 2/3

4.

In view of the aforesaid, nothing survives for further consideration in this petition. The petition stands disposed of accordingly.

5.

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

GAURI GODSE, J.

REVATI MOHITE DERE, J.

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