Nitin Shankarlal Chugh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1351 OF 2025 IN CRIMINAL APPLICATION NO.86 OF 2017 SATISH RAMCHANDRA SANGAR Nitin Shankarlal Chugh ...Applicant SATISH RAMCHANDRA SANGAR Date: 2025.08.12 19:45:03 +0530 V/s.

The State of Maharashtra and Anr.

...Respondents

***** Mr.Umar Kazi a/w Ms.Sonia Santis:- Advocates for Applicant. Ms.Gauri S. Rao:- APP for Respondent No.1-State.

*****

CORAM

:

S. M. MODAK, J.

DATE :

7th AUGUST 2025 P. C. :- 1.

Heard learned Advocate for the Applicant and learned APP. 2.

This Application is filed in pending admitted Criminal Application No.86 of 2017. This Application was filed against the order refusing discharge by the Court of Judicial Magistrate First Class - Ulhasnagar. While admitting the Application, interim relief was granted in terms of prayer clause 15(iii).

3.

The Applicant is desirous of obtaining a passport. The Application is arising out of the order passed in RCC No.24 of 2010. 1/3

4.

In view of passing of the interim relief, the concerned Magistrate is reluctant to entertain the Application for issuance of passport of this Applicant.

5.

Today it is clarified that the learned Magistrate seized of that case can entertain the Application for grant of passport renewal by the Applicant and the pendency of Criminal Application will not come in the way of deciding that Application. Once it is filed, let it be decided as expeditiously as possible on merits and after hearing all the concerned persons including Respondent No.2 - Priti Chugh. 6.

My attention is invited to an order dated 15th February 2025 passed by the Court of Judicial Magistrate First Class - Ulhasnagar in RCC No.298 of 2010. That is another case pending against this Applicant. The concerned Court has granted " No objection " to this Applicant but it is for a period of 1 year. Yet the Applicant has not applied for passport in view of the pendency of RCC No.24 of 2010. The submission is there is a request to issue the passport for a period of 10 years. There is also a Notification dated 25 th August 1993 issued by the Ministry of External Affairs giving guidelines about the period of the passport. If the Court fixes the duration, the passport will be issued for that duration and if no period is fixed, then for 1 year. The 2/3

Applicant is permitted to request the concerned Magistrate to grant "No Objection Certificate" ("

NOC ") for issuance of the passport for more than 1 year. The Applicant is at liberty to place on record a copy of the order granting NOC for issuance of the passport for 10 years. Learned Magistrate to decide the Application on merits after hearing the concerned persons including Respondent No.2 - Priti Chugh. 7.

With these observations, the Interim Application is disposed of. 8.

It is made clear, this Court has not expressed any opinion about the claim of the Petitioner. It is for the trial Court to decide. That is why, notice is not issued to the Respondent No.2. [S. M. MODAK, J.] 3/3