Ramesh Narayanrao Thokare vs The State Of Maharashtra Through Crime ...
2025 Latest Caselaw 3496 Bom

Bombay High Court

Ramesh Narayanrao Thokare vs The State Of Maharashtra Through Crime ... on 26 March, 2025

2025:BHC-NAG:3215


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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH AT NAGPUR

                                   CRIMINAL WRIT PETITION NO.51 OF 2025

                         Ramesh s/o Narayanrao Thokare,
                         Aged about 62 years, Occ: Retired,
                         R/o Raveeshri Shri Krishna Nagar,
                         Chikhli Road, Sunder Khed,
                         Tah & Dist. Buldhana.                                            ...PETITIONER

                                     ...V E R S U S...

                    1. The State of Maharashtra,
                       through Crime Investigation Department
                       (C.I.D.), Bhandara, Tah. and Dist. Bhandara.

                    2. Regional Passport Office, Nagpur
                       Having its office at CGO Complex,
                       B-Block, Seminary Hills, Nagpur.                              ...RESPONDENTS
                    -------------------------------------------------------------------------------------------
                    Shri N.R. Raut, Advocate for petitioner.
                    Shri N.R. Roade, APP for respondent no.1.
                    Shri Saurabh Chaudhari, Advocate h/f Shri N.S. Deshpande, D.S.G.I. for
                    respondent no.2.
                    -------------------------------------------------------------------------------------------
                                                       CORAM :- M.W. CHANDWANI, J.
                                                       DATE          :- 26/03/2025
                    ORAL JUDGMENT:

1. Rule. Rule made returnable forthwith. Heard finally with

the consent of learned counsels appearing for the parties.

2. The petition challenges order the dated 10.10.2024

below Exhibit-538 passed by the learned Additional Chief Judicial

Magistrate, Bhandara in R.C.C. No.95/2018 wherein, the

application for renewal of passport for the period of three years

has been rejected.

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3. The contention is that the learned Additional Chief

Judicial Magistrate, Bhandara has already granted permission to

renew passport for one year but as per the website of the US

Embassy, waiting period for the interview for grant of Visa is

above 500 days; therefore, if the passport renewed for a year, till

the time the applicant is called for Visa Interview, the passport

will get expired. Therefore, a prayer was made before the learned

Additional Chief Judicial Magistrate for renewal of passport for

three years.

4. The reason given by the learned Additional Chief

Judicial Magistrate for rejection of the application is that the

period of urgent request for Visa to travel abroad has not been

shown and no schedule with intention to travel abroad has been

given by the petitioner.

5. I find support in the argument of the learned counsel for

the petitioner that considering the waiting period for Visa, unless

he has a passport carrying validity of at least two years, he cannot

plan for visiting abroad, in particular, the United States. Needless

to mention that, vide notification dated 25.08.1993, the Passport

Authority has relaxed the condition and permitted to the citizens 3 crwp51.25.odt

of India against whom proceedings in respect of an offence alleged

to have been committed by them are pending before the criminal

court and issued the passport for the period mentioned in the

order of the Court.

6. Considering the circumstances particularly, the waiting

period for Visa, a case is made out for directing the Passport

Authority to consider the application for renewal of passport for a

period of three years from today subject to compliance of other

conditions, if any. Consequently, the order dated 10.10.2024

passed below Exhibit-538 passed by the learned Additional Chief

Judicial Magistrate, Bhandara in R.C.C. No.95/2018 is set aside.

7. Needless to mention that the petitioner has to comply

with the conditions mentioned in the bail order.

With this, the petition stands disposed of.

JUDGE

Wagh