Sajid Rahim Pinjari v. The Union Of India And Another

2024:BHC-AUG:6386-DB ( 1 ) wp2992.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 WRIT PETITION NO. 2992 OF 2024 SAJID RAHIM PINJARI

VERSUS

THE UNION OF INDIA AND ANOTHER Mr.R.L. Jakhade, Advocate for the Petitioner. Ms.Sudha Chitamani, Advocate for Respondent No.1/Union of India. Mr.R.S. Wani, AGP for respondent no.2/State.

CORAM

: RAVINDRA V. GHUGE & R.M. JOSHI, JJ.

DATED : 19.03.2024 PC :- 01.

The Online Application of the Petitioner dated 05.09.2023 is pending completion of procedure and grant of passport by the Competent Authority. The Petitioner apprehends that his application is not being processed since there are several crimes registered against the Petitioner and two of them attract Section 307 of the Indian Penal Code. 02.

We have considered the submissions of the learned Advocate for the respective sides. It is settled law that unless a person is convicted, merely because crimes are pending investigation, such candidate cannot be deprived of the passport. The learned Advocate for the Petitioner has cited the

( 2 ) wp2992.24 following judgments :- i) Narendra Ambawani Vs.Union of India, WP No.361/2014. ii) Abbas Hatimbhai Kagalwala Vs. The State of Maharashtra & Anr., WP No.384/2019.

iii) Nijal Navin Shah Vs. The State of Maharashtra & Anr., Cri. Application No. 1193 of 2022.

iv) Vangala Rangacharyulu Vs. CBI., Cri. Appeal No.1342 of 2017.

03.

In view of the above, subject to the entire procedure as is prescribed in law, being completed, the Petitioner shall be issued with a passport, since the Petitioner is planning to visit Mecca for Haj Pilgrimage. Let the passport office deal with such Application of the Petitioner within a period of 21 days.

04.

The Writ Petition stands disposed off.

[R.M. JOSHI,J.] [RAVINDRA V. GHUGE,J.] snk/2024/MAR24/wp2992.24