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Bombay High CourtWP/3573/2023disposed off

Khushboo Devendra Vaish v. State Of Maharashtra

2024-01-25Hon'Ble Justice Revati Mohite Dere,Hon'Ble Justice Smt Manjusha Ajay Deshpande4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3573 OF 2023 Mrs.Khushboo Devendra Vashi .... Petitioner

Versus

State of Maharashtra and Ors.

.... Respondents ......

Mr.Harsh Dattani, Advocate for the Petitioner. Mr.R.M. Pethe, APP for Respondent - State.

Mr.D.P. Singh a/w. Ms.Neha Patil, Advocate for the Petitioner. ......

CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.

DATE : 25th JANUARY 2024 P.C. :

Heard the learned counsel for the parties.

By this Petition, the petitioner seeks a direction to the respondent No.2-The Regional Passport Authority to renew her Digitally signed by RAJESHRI PRAKASH AHER Date:

2024.01.29 19:23:32 +0530 RAJESHRI PRAKASH AHER passport for a period of 10 years.

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Perused the papers. The petitioner has been arraigned as an accused in a case registered with the Wadala T.T. Police Station for the alleged offences, punishable under Sections 406, 408, 418 and 120(B) of the Indian Penal Code (IPC) (C.R. No.84 of 2021). After investigation, charge-sheet has been filed in the said case, and the case is presently pending before the learned Metropolitan Magistrate 29th Court Dadar, Mumbai, being C.C.No.927/EW/2022.

It appears, that the petitioner filed an application seeking issuance of passport before the concerned Magistrate, which application was rejected vide order dated 30th March 2023. By the said order, the Passport Authority was directed to take note of the order and decision of this Court in Abbas Kagadwala Vs. State of Maharashtra (W.P.No.384/2019, decided on 23.08.2022). Pursuant thereto, the petitioner filed an Application for renewal of her passport before the respondent No.2, which was granted for one year, having regard to the Notification of 1993.

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The passport granted for a year expires on 7th June 2024. The petitioner in this petition prays that the respondent No.2-The Regional Passport Authority be directed to renew the petitioner's passport for 10 years, on a fresh application being made.

Accordingly, keeping in mind the aforesaid, we direct the respondent No.2-The Regional Passport Authority to renew the petitioner's passport for 10 years, on an application being made by the Petitioner for renewal of her passport. Needless to state, that before leaving the country, the petitioner will apply before the concerned Court, and seek permission for travel.

Accordingly, the Writ Petition is allowed and disposed of on the aforesaid terms.

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

MANJUSHA DESHPANDE, J.

REVATI MOHITE DERE, J.

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