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Bombay High CourtWP/4389/2025disposed off

Ramnikbhai Ravibhai Nathwani v. State Of Maharashtra And ANR

2025-08-14Hon'Ble Shri Justice S. M. Modak2 pages

9-WP-4389-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4389 OF 2025 SATISH RAMCHANDRA SANGAR Ramnikbhai Ravjibhai Nathwani

...Petitioner

V/s.

SATISH RAMCHANDRA SANGAR Date: 2025.08.20 16:26:30 +0530 The State of Maharashtra and Anr.

...Respondents

***** Mr.Carl Patel a/w Ms.Sanaea Umrigar:- Advocates for Petitioner.

Ms.Gauri S. Rao:- APP for Respondent No1-State.

*****

CORAM

:

S. M. MODAK, J.

DATE :

14th AUGUST 2025 P. C. :- 1.

Heard learned Advocate for the Petitioner-Accused and learned APP.

2.

A small request is made for issuing directions to the Court of Judicial Magistrate First Class - Mulund to allow the Petitioner to file his Application for getting NOC for renewal of the passport. A submission is raised that even though he moved before the learned Magistrate for taking the matter on board for filing that Application, it was not accepted.

3.

It is really surprising that such an incident might have taken Satish Sangar 1/2

9-WP-4389-2025.doc place. Generally, even though the matter is not on board, there is a practice of taking the matter on board if one of the parties move the Court. There are no supporting material to believe this submission. Be that it may, certainly if the Petitioner will move an Application for granting of NOC whether the matter is on board or not on board, it is the duty of the learned Magistrate seized of the case to accept it through the concerned supervisory staff of that Court and then list the matter on board and decide it on merits. If the Petitioner will move necessary Application, let the learned Magistrate to follow the above observations and then to decide the Application on merits as soon as possible. The reason is the daughter of the Petitioner is residing in the United States of America is about to deliver a child in November2025. 4.

Let the learned Magistrate to consider this fact and decide the Application as early as possible. To substantiate this ground, the Petitioner can file necessary documents or Affidavit before the learned Magistrate.

5.

With these observations, the Petition stands disposed of. [S. M. MODAK, J.] Satish Sangar 2/2