Bombay High Court
Sangram Ashok Swami vs Regional Passport Office Pune And Ors on 22 January, 2024
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2024:BHC-AS:3695-DB
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2024.01.24 18:09:06
CHITNIS +0530 9-wp.3617.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.3617 OF 2023
Sangram Ashok Swami ...Petitioner
Versus
Regional Passport Office, Pune and Ors. ...Respondents
Mr. Omkar Nagwekar, for the Petitioner.
Ms. Neha Patil, for the Respondent Nos.1 and 2.
Ms. P. P. Shinde, A.P.P for the Respondent No.3- State.
CORAM : REVATI MOHITE DERE &
MANJUSHA DESHPANDE, JJ.
DATE : 22nd JANUARY 2024
P.C. :
1. At the outset, learned counsel for the petitioner seeks leave
to amend the prayer clause. Leave granted. Amendment to be carried
out forthwith.
2. Heard learned counsel for the parties.
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3. By this petition, the petitioner seeks a direction to the
respondent No.1 to renew the petitioner's passport for a period of 10
years.
4. Perused the papers. It appears that the petitioner has been
arraigned as an accused in two cases, (i) one registered vide C.R.
No.113 of 2013, with the Ichalkaranji Police Station, for the alleged
offences punishable under Sections 143, 147, 148, 337, 353, 323,
504, 506, 427 of the Indian Penal Code; under Sections 3 and 7 of
the Prevention of Damage to Public Property Act and Section 135 of
the Maharashtra Police Act and the other (ii) C.R. No.114 of 2013,
also registered with the Ichalkaranji Police Station, for the alleged
offences punishable under Sections 147, 148, 149, 120B, 307, 326,
323, 324, 353, 332, 333, 506 of the Indian Penal Code r/w under
Section 135 of the Maharashtra Police Act.
5. As far as C.R. No.113 of 2013, registered with
Ichalkaranji Police Station is concerned, it is not in dispute that the
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petitioner has been acquitted of the said offences vide Judgment and
Order dated 29th November 2023. Learned counsel has tendered a
copy of the said Judgment and Order dated 29 th November 2023, by
which the petitioner alongwith other accused have been acquitted of
the offences, with which they were charged. The same is taken on
record.
6. It thus appears that there is only one case pending against
the petitioner which arises out of C.R. No.114 of 2013 registered
with the Ichalkaranji Police Station.
7. According to the petitioner, he is the partner in Vardayini
Textiles LLP in the City of Ichalkaranji and for the purpose of
expansion of his business, the petitioner is required to visit foreign
countries and participate in Seminars.
8. According to the learned counsel for the petitioner, the
petitioner had a valid passport and since the said passport was
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expiring, applied for renewal of the same on urgent basis, since his old
passport's validity had expired on 18 th March 2022. He submits that
pursuant thereto, the passport authority i.e. respondent No.1 renewed
the petitioner's passport for a period of 10 years i.e. from 22 nd June
2022 to 21st June 2032. It appears that the said passport was issued to
the petitioner under the urgent category and as such when the
passport was issued, the police verification report was not available
with the Passport authorities. According to the learned counsel for the
petitioner, the petitioner received a letter dated 1 st July 2022 issued by
the respondent No.1 seeking clarification in respect of the adverse
police verification report and as such an explaination was called for.
9. According to the learned counsel for the petitioner,
inadvertently in the renewal form, he had not mentioned the details of
the criminal proceedings pending against him, pursuant to which, the
passport authority cancelled the petitioner's passport and the
petitioner was directed to surrender his passport. Accordingly, the
petitioner surrendered his passport and the petitioner's application
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form seeking renewal, was closed by the passport authority. Learned
counsel for the petitioner states that the petitioner has now applied for
renewal of his passport again and in the said application the petitioner
has disclosed all the criminal proceedings pending against him. The
said Form is at Exhibit - E, page 23 of the petition.
10. It is not in dispute that the petitioner's passport was
cancelled by the passport authority, considering that the petitioner had
not disclosed full and correct information of the criminal proceedings
pending against him and as such no fault can be found with the
passport authority cancelling the petitioner's passport for supplying
incorrect information. Since the petitioner has again filed a fresh
application seeking renewal of his passport, we direct the respondent
No.1, to renew the petitioner's passport for 10 years, in accordance
with the Passport Act and Rules and regulations thereunder.
11. Needless to state, that if the petitioner is desirious of
travelling overseas, the petitioner to seek the permission of the trial
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Court, before leaving the country.
12. Petition is allowed and disposed of in above terms.
13. All concerned to act on the authenticated copy of this
order.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
