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Bombay High CourtAPL/669/2022disposed off

Tressan Ajay Coelho v. State Of Maharashtra And ANR

2022-07-20Hon'Ble Shri Justice Prakash D. Naik2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.669 OF 2022 Tressan Ajay Coelho Applicant versus The State of Maharashtra and another Respondents Ms.Shivani S.Shinde, Advocate for applicnt.

Mr.Arfan Sait, APP, for State.

MrAshutosh Kaushik with Ms.Priya Tiwari i/by Kaushik & Co. for respondent.

PSI Dilip Sawant, Bandra Police Station, present. by DNYANESHWAR ASHOK ETHAPE Date: 2022.07.21 15:38:11 +0530 CORAM : PRAKASH D. NAIK, J.

DNYANESHWAR ASHOK ETHAPE DATE : 20th July 2022 PC :

1.

This application is seeking renewal of passport and permission to travel abroad. Learned advocate for applicant submits that application has been moved before this Court directly since charge sheet was not filed against applicant. It is also submitted that the applicant is required to travel abroad from the end of August-2022. Learned APP, on instructions, submits that charge sheet has been filed in C.R.No.384 of 2021 registered for the offences under Sections 498A, 504, 506 r/w 34 of Indian Penal Code before the Court of 12th Metropolitan Magistrate, Bandra, Mumbai. Learned APP tenders report, which is taken on record. 2.

Since the charge sheet is already filed in aforesaid Court, it would be appropriate that the applicant prefers application seeking prayers sought in this application before Court of Magistrate. Considering aforesaid circumstances, I pass following order :

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ORDER

(i) Criminal Application is disposed off;

(ii) The applicant is permitted to prefer application for renewal of passport and permission to travel abroad before the Court of Metropolitan Magistrate, 12th Court, Bandra, Mumbai. (iii) In the event such an application is preferred, learned Magistrate shall decide the application within one week from the date of filing of application;

(iv) Copy of charge sheet be provided to the applicant. (v) This application has not been decided on merits and all the issues are kept open.

(PRAKASH D. NAIK, J.) MST