Shailesh Munish Gupta Through P.O.A. Mr. Kanhaiyalal B. Gupta v. The State Of Maharashtra

wp.5343.17.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5343 OF 2017 Shailesh Munish Gupta

...Petitioner

Versus

The State of Maharashtra

...Respondent

Mr. Amarendra Mishra for the Petitioner Mr. Vinod Chate, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

TUESDAY, 23 rd JANUARY, 2018 P.C. :

Heard learned counsel for the parties.

By this petition, the petitioner has impugned the order dated 4th December, 2017 passed by the learned Metropolitan Magistrate, 26th Court, Borivali, Mumbai, only to the extent that it directs the Passport Authorities to renew the passport for one year and not for two years as granted earlier. Perused the papers. The petitioner is facing prosecution for the alleged offences punishable under Sections 498(A), 465, 468, 471, 474, 504, 355, 507 r/w 34 of the Indian Penal Code. The petitioner is the SQ Pathan 1/2

wp.5343.17.16.doc brother-in-law of the original complainant. A perusal of the papers shows that the petitioner is required to travel abroad for his professional work. It also appears that on earlier two occasions, the Magistrate had directed the Passport Authorities to renew the passport of the petitioner for a period of two years, in accordance with the Passport Act/Rules. Accordingly, the petition is allowed. The order dated 4th December, 2017 passed by the learned Metropolitan Magistrate, 26th Court, Borivali, Mumbai, stands modified to the extent that the Passport Authorities will now consider renewing petitioner's passport, as per Rules, for a period of two years.

Petition is disposed of on the aforesaid terms. All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

SQ Pathan 2/2