Mohammad Gouse Shaikh Amir v. Mr.Kshitij, The Regional Passport Officer

2025:BHC-AUG:2922-DB 958-CP-717-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 717 OF 2024 IN CRIMINAL WRIT PETITION NO. 1463 OF 2023 Mohammad Gouse Shaikh Amir ..PETITIONER

VERSUS

Kshitij and Another ..RESPONDENTS ....

Mr. S.R. Pande, Advocate for petitioner Mr. R.B. Bhosle, Advocate for respondent no.2 Mrs. K.B. Patil Bharaswadkar, Addl.GP. for - State ....

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATE : 30th JANUARY, 2025 PER COURT :

1.

This contempt petition is filed for non-compliance of order dated 02nd November, 2023 passed in Criminal Writ Petition No. 1463 of 2023, which reads as under :- ".

Heard.

2.

The petitioner is seeking direction to respondent No.2 to renew the petitioner's passport. It is informed that there are some criminal cases registered against the petitioner. The prayer in this petition is only regarding renewal of the passport. He is not asking for permission to go abroad. 3.

In view of the same, if there is no any other hurdle for respondent No.2, he is directed to renew the petitioner's passport within a period of six weeks from the date of receipt of a copy of this order.

4.

Needless to mention, if the petitioner proposes to go abroad, the petitioner will necessarily have to seek permission of the

958-CP-717-24.odt court concerned which is seized of the criminal case/s in which the petitioner is involved.

5.

With the above observations and directions, the writ petition stands disposed of."

2.

Learned counsel for the petitioner submits that the concerned authority i.e. the answering respondent has not renewed the petitioner's passport for a period of ten years as per Rule 12 of the Passport Rules, 1980. 3.

Learned counsel for the answering respondent submits that the application of the petitioner was considered and appropriate decision has been taken in the light of memorandum dated 10th October, 2019 on the subject of issuance of passports to the applicants against whom criminal case/s are pending before the Court of law in India pursuant to the provisions of Section 6 of the Passports Act, 1967.

4.

By the said communication it appears that the petitioner's passport has been renewed for a period of one year. In view of above, it is clear that this Court's order has been complied with and nothing survives for keeping the petition pending. Hence, contempt petition stands disposed of. ( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. ) SSD