Dilip Gopinath Kharkar v. State Of Maharashtra And ANR

rpa 1/3 10ia1779of2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1779 OF 2022 in CRIMINAL WRIT PETITION NO.4364 OF 2016 Dilipkumar Gopinath Kharkar .. Applicant

Versus

State of Maharashtra and Anr.

.. Respondents ......

Mr.Niranjan Mundargi i/b. Mr.Omkar P. Mulekar, Advocate for the Mr.S.R.. Agarkar, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK J.

DATED : JUNE 20, 2022.

P.C. :

This is an application for seeking permission to apply for issuance and renewal of Passport for a period of 10 years. Digitally signed by RAJESHRI PRAKASH AHER Date:

2022.06.22 16:10:40 +0530 The applicant is prosecuted vide CC No.255/SW/2016, RAJESHRI PRAKASH AHER pending in the Court of learned 10th Metropolitan Magistrate Court, Andheri, Mumbai.

The applicant has preferred Writ Petition No.4364 of 2016, challenging the said proceedings which has been admitted by this Court vide order dated 23rd January, 2017. Interim stay was

rpa 2/3 10ia1779of2022.doc granted vide order dated 1st February, 2017. In view of the pendency of the petition before this Court, and, in the light and the circular issued by respondent no.2, the petitioner has preferred this application before this Court seeking aforesaid prayers. It is submitted that the Passport of the petitioner is expiring on 6th July, 2022. The petitioner is required to travel abroad. The petitioner intends to renew the Passport for the period of 10 years.

Undisputedly, the proceedings for an offence under Sections 406 and 420 of IPC are challenged by preferring the petition before this Court, which is pending for fnal disposal. Considering the factual aspects of the matter, the prayer for renewal of Passport can be granted by the passport authority for a period of fve years. :: O R D E R ::

(i) Interim Application No.1779 of 2022, is allowed and disposed of;

(ii) Subject to rules and regulations, respondent no.2/passport authority may renew the Passport of the petitioner for a period of 5 years;

rpa 3/3 10ia1779of2022.doc (iii) The parties to act on an authenticated copy of this order. (PRAKASH D. NAIK, J.)