Chitranjan Kumar Goel v. The State Of Maharashtra

3-WP-5101-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5101 OF 2021 Chitranjan Kumar Goel

...Petitioner

Versus

State of Maharashtra and ors.

...Respondents

.........

Mr. Omprakash Jha i/b The Law Point for the Petitioner. Mr. Hiten Venegavkar a/w Mr. Bharat Mirchandani for Respondent No.2- CBI.

Mr. S.K. Halwasia a/w M. M. Nasiri for Respondent Nos. 3 and 4. .........

CORAM :

PRASANNA B. VARALE & N.R. BORKAR, JJ.

DATED :

11 OCTOBER 2022 P.C. :- The petitioner who is accused in FIR No. RCBSM2019E0001 registered by respondent No. 2- CBI for the offences punishable under Section 420 read with 120(B) of the IPC and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act has prayed that respondent No. 2 be directed to issue no objection certificate for release of the petitioner's passport and in the alternative respondent No. 3- Regional Passport Authority, Ahmedabad be directed to release the petitioner's passport.

MJ Jadhav 1 / 2

3-WP-5101-21.odt 2.

It appears that the passport of the petitioner was seized during the search and it was handed over to the passport authority. From the reply filed by the respondent No. 3- Passport Authority, it appears that by order dated 14 May 2019, the respondent No. 3 has impounded the passport of petitioner. The learned counsel appearing for respondent Nos. 3 and 4 on instructions makes a statement before this Court that if the petitioner submits a fresh application for passport, the respondent No. 3 is ready to consider it on it's own merits.

3.

In view of this statement made by learned counsel for respondent Nos. 3 and 4, the learned counsel for the petitioner prays for withdrawal of this petition with liberty to file a fresh application to the respondent No. 3 within two weeks from today. 4.

Accordingly, the petition is allowed to be withdrawn with liberty as prayed for. In case such application is filed before respondent No. 3 within two weeks, respondent No. 3 shall consider it on its own merits and shall communicate the order thereon to the petitioner.

5.

Petition is accordingly disposed of.

( N.R. BORKAR, J. ) ( PRASANNA B. VARALE, J. ) MJ Jadhav 2 / 2