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Bombay High CourtIA/4114/2022disposed off

Mahendra Babulal Shah v. State Of Maharashtra

2023-01-12Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

33-IA-4114-2022.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4114 OF 2022 IN WRIT PETITION NO.4055 OF 2019 Mahendra Babulal Shah ] Applicant Vs.

State of Maharashtra ] Respondent .....

Mr. Apoorv V. Singh, for Applicant.

Mr. K.V. Saste, A.P.P, for Respondent-State.

.....

CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, J.J.

DATE : 12th JANUARY, 2023.

P.C.

1.

By this application, the applicant seeks the following substantive reliefs. The same are reproduced hereunder; "(a)This Hon'

ble Court may be pleased to grant NOC/permission for renewal of the passport of the Applicant which stands in Applicants name as per passport rules or for the period of 10 years.

(b)This Hon'

ble Court may be pleased to direct the trial court to pass necessary order on the Application being made by the Applicant for renewal of passport within 15 days of filing of the application".

SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2023.01.16 12:06:28 +0530

33-IA-4114-2022.doc 2.

It appears that the trial Court has refused to decide the application filed by the applicant for renewal of passport in view of the ad-interim relief granted by this Court in terms of prayer clause (c) in the aforesaid writ petition, vide order dated 18th November, 2019. No fault can be found with the learned Judge. 3.

However, having heard learned Counsel for the applicant, the application is allowed in terms of prayer clause (b). 4.

We direct the trial Court to pass necessary orders only on the application made by the applicant seeking renewal of his passport. 5.

Application is allowed.

6.

Writ Petition to be listed for admission on 15th February, 2023.

7.

Interim order to continue until further orders. [PRITHVIRAJ K. CHAVAN, J.] [REVATI MOHITE DERE, J.]