Master. Jodh Singh Mann Through His Guardian Mr.Hardayal Singh Mann v. Union Of Indian And ORS
Digitally signed by GAURI AMIT GAEKWAD Date:
2025.08.26 10:48:03 +0530 GAURI AMIT GAEKWAD
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3025 OF 2025 Master Jodh Singh Mann through his guardian Hardayal Singh Maan ....Petitioner
Versus
Union of India and Ors.
....Respondents ---- Ms. Harshada Morey for the Petitioner.
Mr. D.P. Singh, Special PP for Respondent Nos.1 to 3. Mr. J.P. Yagnik, Addl. PP for Respondent No.4. Mr. Siddheshwar Pujari, PI, Bhandup Police Station, Mumbai present.
---- CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.
DATE : 25th AUGUST, 2025 P.C. :- 1.
On 21st July, 2025, we had passed the following order :
1) The learned Addl.P.P., on behalf of the Passport Authority tenders a compilation of documents (Exhibit-A to Exhibit-G). The said compilation is marked as 'X-1' for identification.
2) The learned Advocate for the Petitioner submits that the documents of the mother of the child have already tendered, being relevant documents necessary for verification of Citizenship. The learned Addl.P.P. submits that these documents have not been submitted as there is a specific objection. The learned
Advocate for the Petitioner submits that the Petitioner would tender the documents with the concerned Police Station within a period of three weeks, with liberty to take acknowledgment from the concerned Police Station after tendering the List of Documents.
3) At the request of the Petitioner, list the Petition in the same Disposal Category on 25th August, 2025.
2.
Pursuant to our above referred order, the learned Advocate for the Petitioner sent a communication to the Bhandup Police Station tendering the documents which we had directed the mother to tender. The said communication dated 5th August, 2025 alongwith the documents mentioned therein (2 pages + 16 pages = 18 pages) is taken on record and marked as 'X' for identification. 3.
Firstly, we would not appreciate any Advocate communicating directly with the Police Station, in official matters. We have seen in many matters that the learned Advocates lodge police complaints on their letterheads without even the signature of their clients, with a demand that the FIR should be registered. In such a situation, there is a possibility that the Informant would be the lawyer or his/her Firm in such an FIR. This practice needs to
stop. Similarly, the learned Advocate should not be addressing the Police Station, for the compliance of the order of this Court, when we had directed the mother's documents to be tendered by the maternal grandfather of the child, who is the Petitioner before us. Nevertheless, now that the documents have been filed, we would only observe that henceforth this may not be done. 4.
The mother of the minor has already been granted a divorce by a judgment dated 23rd August, 2021 in HMP No.83 of 2021, by the Court of Civil Judge, Senior Division at Panvel. The biological father has been given visitation rights, if he desired. As such, legally, the biological mother of the child is rendered a single mother.
5.
The learned Addl. PP submits that the Police Authorities would prepare a report indicating that the biological mother of the child, viz., Master Jodh Singh Mann, would represent him. The documents of his mother are received. Such a communication to the Passport Office would enable the said Authority to consider the application of Master Jodh Singh Mann
for grant of passport, by mentioning his mother as his guardian. 6.
We expect the Police Authorities to furnish a report within 10 days from today as per the statement of the learned Addl. PP. The learned Advocate representing the Passport Office submits, on instructions, that if the report of the Police Authorities is received, as stated above, an appropriate order for grant of passport would be passed within a further period of 10 days and the passport would be issued in the mother's name. The said statement is recorded.
7.
In view of the above, this Petition is disposed off. (GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J.)