Anil Ragho Sali v. The State Of Maharashtra And Others

957 & 958 - Cri.WP-471-2023 & Cri.WP-472-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 CRIMINAL WRIT PETITION NO.471 OF 2023 UJWALA ANIL SALI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS . . .

Advocate for Petitioner : Amol S. Sawant APP for Respondent - State : Mr. R. V. Dasalkar Advocate for Respondent Nos.2 and 3 : Mr. Madhur A. Golegaonkar . . .

WITH 958 CRIMINAL WRIT PETITION NO.472 OF 2023 ANIL RAGHO SALI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS . . .

Advocate for Petitioner : Amol S. Sawant APP for Respondent - State : Mr. V. S. Badakh Advocate for Respondent Nos.2 and 3 : Mr. Bramhanand M. Dhanure . . .

CORAM : MANGESH S. PATIL AND ABHAY S. WAGHWASE, JJ.

DATED : 5 APRIL 2023 PER COURT :

Heard both the sides.

2.

The petitioners are aggrieved by the fact that their request for renewal of the passports is not being considered and insistence is to have no objection certificate from the criminal court where criminal case is pending against them.

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957 & 958 - Cri.WP-471-2023 & Cri.WP-472-2023.odt 3.

In view of the consistent view taken by the Supreme Court in the matter of Vangala Kasturi Rangacharyulu Vs. Central Bureau of Investigation in Criminal Appeal No.1342 of 2017 and even this Court in Writ Petition No.384 of 2019 (Abbas Hatimbhai Kagalwala Vs. The State of Maharashtra and Anr.), application for renewal of the passport cannot be rejected on the ground of pendency of the criminal case.

4.

In view of the above, we allow the writ petitions and direct respondent no.3 to consider the request of the petitioners on its own merits, but shall not reject it only because of their failure to produce the certificates from the criminal court.

(ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.) Tandale/- 2/2