Lokesh Nandram Raipure v. Union Of India, Ministry Of External Affairs, Thr. Secretary, New Delhi And Another
2024:BHC-NAG:5439-DB 1 WP-2867-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR Writ Petition No.2867 of 2024 [Lokesh Nandram Raipure VERSUS Union of India, Ministry of External Affairs, through its Secretary, New Delhi and another] Office Notes, Office Memoranda of Coram, appearances, Court'
s orders of directions Court' s or Judge'
s order and Registrar'
s orders.
Shri S.V. Bhutada, Counsel for Petitidoner.
Shri N.S. Deshpande, Deputy Solicitor General of India for Respondents. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ .
ATE : 7 th MAY, 2024 1.
We have perused the objection raised by the respondents to the prayer of the petitioner, wherein the petitioner, who is facing the criminal prosecution, is being assumed to have the permission from the Competent Court for renewal of his Passport.
2.
The aforesaid issue fell for consideration before the Principal Seat in the matter of Abbas Hatimbhai Kagalwala Versus State of Maharashtra and another, reported in 2022 SCC OnLine Bom 1992, which is further followed in the order dated 13-4-2023 delivered in Writ Petition (L) No.31168 of 2022 in the matter of Madhu Vimal Jagnani Versus The Regional Passport Office and another, decided on Original Side of the Principal Seat. 3.
The objection raised by the respondents that they are armed with the power to call upon the petitioner to have permission of the Competent Court for renewal of his Passport, cannot be accepted.
4.
That being so, we allow the petition with a direction to the respondents to process the application of the petitioner for renewal of his Passport without
2 WP-2867-2024.odt insisting upon the permission of the Court before which the criminal prosecution against the petitioner is pending.
5.
Let the aforesaid application be decided within a period of six weeks from today.
6.
The petition stands allowed in aforesaid terms. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) LANJEWAR