Ashok Rameshchandra Jaimalani vs Union Of India And Ors
2022 Latest Caselaw 7101 Bom

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                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                      WRIT PETITION No.4778 OF 2021

                        Ashok Rameshchandra Jaimalani                   ..... Petitioner
                             Vs.
                        Union of India and Ors.                         ..... Respondents

                        Mr. Anant B. Bobe for the Petitioner.
                        Mr. Shahajirao Shinde for Respondent-1-Union of India.

                                            CORAM : REVATI MOHITE DERE &
                                                    SHARMILA U. DESHMUKH, JJ.

                                            DATE      : 25th JULY 2022.

                        P. C.

Heard learned counsel for the parties.

2. By this petition, the petitioner seeks a direction to the

Respondent No.2 i.e. the Regional Passport Authorities, Mumbai

to issue passport for a period of 10 years.

3. Perused papers. The petitioner, is a practicing

advocate, aged 68 years. It appears that the 4 private complaints

have been filed against him and others viz., 256/2002, 257/2002, Digitally signed by RAJESHWARI RAJESHWARI SUBODH 258/2013 and 259/2013 in the Court of the learned Chief Judicial SUBODH KARVE KARVE Date:

2022.07.28

Magistrate, Thane. The alleged offence is under section 500 read 15:01:08 +0530 rsk 2 32-WP-4778-21.doc

with 109 of the Indian Penal Code. All the cases are pending till

date. It appears that as the petitioner intends to travel abroad, he

filed an application before the respondent No.2-Authority on

5/3/2020 for issuance of passport. The petitioner had disclosed the

pending criminal cases i.e. private complaints filed against him

before the learned Judicial Magistrate First Class, Thane, to the said

Authority, however, the respondent No.2- The Regional Passport

Authority by communication dated 23/10/2020 directed the

petitioner to furnish copy of decision/judgment. It appears that the

private complaints have been stayed by this Court vide order dated

7/3/2016. The said order is at Exhibit "K" to the petition.

4. Considering the aforesaid, there is no impediment if a

direction is given to the Respondent No.2-Authority to issue the

petitioner a passport for 10 years in accordance with the Passport

Act and Rules thereunder.

5. Accordingly, the petition is allowed and disposed of.

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6. All concerned to act on the authenticated copy of this

order.

SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.