Sabina Yusuf Lakdawala v. State Of Maharashtra

Jayashri Lande 906-WP-611-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by JYOTI PRAKASH PAWAR Date:

2025.10.16 17:12:26 +0530 JYOTI PRAKASH PAWAR ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 611 OF 2025 Sabina Yusuf Lakdawala

...Petitioner

V/s.

1. State of Maharashtra and Ors.,

...Respondents

____________________________________ Mr. Mutahhar Khan a/w Ms. Nehaa Shah for Petitioner Ms. P. H. Kantharia Government Pleader a/w Ms. Madhura Deshmukh, AGP for Respondent Nos. 1 and 2 Ms. Leena Patil for Respondent No.3 Mr. Prasad Satam, Sr. PI, Passport Branch SB-II, CID, Mumbai present Mr. Santosh Mane, PC090299, Bandra present.

____________________________________ CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

DATE : 15TH OCTOBER 2025 ORDER :

1.

By this Writ Petition, the Petitioner has sought for a direction to the Regional Passport Officer / Authority to deliver the Passport bearing the address mentioned in Prayer-1 of the Writ Petition for a period of 10 years on the basis of her available documents as mentioned therein and to be delivered at the said address in the back drop of the Petitioner's Writ Petition 1/3

Jayashri Lande 906-WP-611-2025.doc No.2454 of 2021 for quashing of FIR No.418 of 2021, which is pending before this Court.

2.

The Learned Counsel appearing for the Respondent No.3Regional Passport Authority has raised the only objection to the re-issuance of the Passport under Section 6(2)(f) of the Passport Act, 1967 viz that the Applicant has been proceeded against in respect of an offence alleged to have been committed by the Applicant and which proceedings are pending before the Criminal Court in India. In view thereof as per the law laid down by this Court in Cyrus Keki Balsara Vs. The Union of India and Anr., Writ Petition (L) No.1576 of 2024 - Order dated 08th April 2024 and Sanjay P. Seth Vs. Union of India & Anr, Writ Petition (L) No.12457 of 2025 - Order dated 05th May, 2025, the Applicant is required to take permission of the Criminal Court in which the proceedings are pending for the re-issuance of the Passport. 3.

Mr. Mutahhar Khan, Learned Counsel appearing for the Petitioner states on instructions that the Petitioner will apply to the 12th Additional Metropolitan Magistrate Court at Bandra in CC No.1967/PW/ 2023 for No Objection / Permission for re-issuance of Passport for a period of 10 years. The statement is accepted.

4.

The Application filed by the Petitioner for No Objection / Permission for re-issuance of Passport for a period of 10 years shall be considered by 12th Metropolitan Magistrate Court at Bandra in the Criminal proceeding CC No.1967/PW/ 2023 in accordance with law. 2/3

Jayashri Lande 906-WP-611-2025.doc 5.

The Application upon being filed by the Petitioner shall be decided by the 12th Additional Metropolitan Magistrate Court at Bandra within a period of three weeks therefrom.

6.

It is made clear that we have not gone into the merits of the Writ Petition in passing of this Order.

7.

The Writ Petition is accordingly disposed of. 8.

There shall be no order as to costs.

( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. ) 3/3