Milan Mohan Hindlekar v. State Of Maharashtra

rpa 1/3 32ia1881of2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1881 OF 2022 IN WRIT PETITION NO.994OF 2011 Dr.Milan Mohan Hindlekar .. Applicant

Versus

State of Maharashtra and Anr.

.. Respondents ......

Mr.Kapil P. Dave, Advocate for the Applicant. Mr.Arfan Sait, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK J.

DATED : JUNE 23, 2022.

P.C. :

Leave to amend to add Passport Authority, as party in this proceedings. Amendment may be carried out forthwith. This is an application seeking directions to the Passport Authority about renewal of the passport of the petitioner. Digitally signed by RAJESHRI PRAKASH AHER Date:

2022.06.24 19:16:34 +0530 RAJESHRI PRAKASH AHER The petitioner is required to approach this Court by preferring this application in the light of the fact that the applicant has challenged the proceedings arising out of CC No.1728/PS/2009, pending before the Court of learned Additional Chief Matropolitan Magistrate for the offence punishable under section 304 A read with

rpa 2/3 32ia1881of2022.doc 34 of IPC. Writ Petition No.994 of 2011, challenging the said proceedings is admitted by this Court vide order dated 18th November, 2011 and the proceedings before the trial Court, are stayed. In view of the requisite circular issued by the Government of India, the person who seeks renewal of passport or issuance of passport is required to obtain permission from the appropriate Court where the proceedings are pending. Learned APP submitted that the revision application challenging the proceedings pending before the lower Court has been admitted by this Court. In the event passport is renewed, there are chances that the applicant may leave the country. Learned counsel for the applicant, however, submits that appropriate conditions my be imposed after granting permission for renewal of the passport. The applicant is Doctor by profession. Under the aforesaid circumstances, I pass the following order:

:: O R D E R ::

(i) Respondent no.2 - Passport Authority is directed to

rpa 3/3 32ia1881of2022.doc renew the passport of the applicant for a period of 10 years, if permissible, in accordance with rules and regulations;

(ii) As and when the applicant intends to travel abroad, he shall obtain the permission from this Court; (ii) Prayer clause (c) of this application is not pressed with liberty to move a separate application as and when required;

(iii) Interim application stands disposed of accordingly. (PRAKASH D. NAIK, J.)