Bombay High Court
Master. Jodh Singh Mann Through His ... vs Union Of Indian And Ors on 25 August, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:36489-DB
Digitally
signed by
GAURI AMIT
GAURI GAEKWAD
AMIT Date:
GAEKWAD 2025.08.26
5.WP-3025-2025.odt
10:48:03
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3025 OF 2025
Master Jodh Singh Mann
through his guardian
Hardayal Singh Maan ....Petitioner
Versus
Union of India and Ors. ....Respondents
----
Ms. Harshada Morey for the Petitioner.
Mr. D.P. Singh, Special PP for Respondent Nos.1 to 3.
Mr. J.P. Yagnik, Addl. PP for Respondent No.4.
Mr. Siddheshwar Pujari, PI, Bhandup Police Station, Mumbai
present.
----
CORAM : RAVINDRA V. GHUGE
&
GAUTAM A. ANKHAD, JJ.
DATE : 25th AUGUST, 2025
P.C. :-
1. On 21st July, 2025, we had passed the following order :
1) The learned Addl.P.P., on behalf of the
Passport Authority tenders a compilation of
documents (Exhibit-A to Exhibit-G). The said
compilation is marked as 'X-1' for
identification.
2) The learned Advocate for the Petitioner
submits that the documents of the mother of the
child have already tendered, being relevant
documents necessary for verification of
Citizenship. The learned Addl.P.P. submits that
these documents have not been submitted as
there is a specific objection. The learned
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Advocate for the Petitioner submits that the
Petitioner would tender the documents with the
concerned Police Station within a period of
three weeks, with liberty to take
acknowledgment from the concerned Police
Station after tendering the List of Documents.
3) At the request of the Petitioner, list the
Petition in the same Disposal Category on
25th August, 2025.
2. Pursuant to our above referred order, the learned
Advocate for the Petitioner sent a communication to the Bhandup
Police Station tendering the documents which we had directed the
mother to tender. The said communication dated 5th August, 2025
alongwith the documents mentioned therein (2 pages + 16 pages =
18 pages) is taken on record and marked as 'X' for identification.
3. Firstly, we would not appreciate any Advocate
communicating directly with the Police Station, in official matters.
We have seen in many matters that the learned Advocates lodge
police complaints on their letterheads without even the signature of
their clients, with a demand that the FIR should be registered. In
such a situation, there is a possibility that the Informant would be
the lawyer or his/her Firm in such an FIR. This practice needs to
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stop. Similarly, the learned Advocate should not be addressing the
Police Station, for the compliance of the order of this Court, when
we had directed the mother's documents to be tendered by the
maternal grandfather of the child, who is the Petitioner before us.
Nevertheless, now that the documents have been filed, we would
only observe that henceforth this may not be done.
4. The mother of the minor has already been granted a
divorce by a judgment dated 23 rd August, 2021 in HMP No.83 of
2021, by the Court of Civil Judge, Senior Division at Panvel. The
biological father has been given visitation rights, if he desired. As
such, legally, the biological mother of the child is rendered a single
mother.
5. The learned Addl. PP submits that the Police
Authorities would prepare a report indicating that the biological
mother of the child, viz., Master Jodh Singh Mann, would represent
him. The documents of his mother are received. Such a
communication to the Passport Office would enable the said
Authority to consider the application of Master Jodh Singh Mann
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for grant of passport, by mentioning his mother as his guardian.
6. We expect the Police Authorities to furnish a report
within 10 days from today as per the statement of the learned Addl.
PP. The learned Advocate representing the Passport Office submits,
on instructions, that if the report of the Police Authorities is
received, as stated above, an appropriate order for grant of passport
would be passed within a further period of 10 days and the passport
would be issued in the mother's name. The said statement is
recorded.
7. In view of the above, this Petition is disposed off.
(GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J.)
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