← Library
Bombay High CourtWP/1333/2021disposed off

Ashish Madhav Malpani v. The State Of Maharashtra And Others

2022-03-07Hon'Ble Shri Justice R. G. Avachat2 pages

29-cr.wp.1333.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1333 OF 2021 Ashish s/o. Madhav Malpani ..Petitioner Vs.

The State of Maharashtra and ors.

..Respondents ---- Mr.Satyajeet S. Dixit, Advocate for petitioner Mr.S.P.Sonpavale, APP for respondent no.1 ---- CORAM : R.G. AVACHAT, J.

DATE : MARCH 07, 2022 ORDER :- The petitioner herein is one of the accused in Summary Criminal Case No.407 of 2011, pending before learned Addl. Chief Judicial Magistrate, Sangamner, Dist. Ahmednagar. It is a case arising out of the Food Safety and Standards Act, 2006. The petitioner has a Passport valid upto October, 2022. He had applied for renewal thereof. 2.

The Passport can be renewed for a term of either one year or ten years. The petitioner claims to be a businessman, requiring to visit foreign countries on and often. He, therefore, urged the trial Court to give no-objection for renewal of the Passport by ten years. The trial Court, vide order impugned herein, granted no-objection for renewal of the Passport by two years. The fact is, however, that the

29-cr.wp.1333.21 the Passport could not be renewed for a period of two years. It is reiterated that it could be renewed either for one year or ten years at a time.

3.

The record indicates that the petitioner had been abroad many a time, during pendency of the case. The case dates back to year 2011. It appears that the petitioner has not misused his liberty.

4.

Learned counsel for the petitioner states that the petitioner undertakes to move the Court concerned to seek noobjection whenever he would propose to go abroad. 5.

In view of the above undertaking, clause (a) appearing in the operative part of the order dated 01.10.2021 passed by learned Addl. Chief Judicial Magistrate, Sangamner, Dist. Ahmednagar, below Exh.52 in S.C.C. No.407 of 2011, is modified and the words "two years" are replaced by the words "ten years". 6.

The petition stands disposed of accordingly.

[R.G. AVACHAT, J.] KBP