Disposed

Joseph Paul De Sousa v. the State of Maharashtra and Anr.

Bombay HC18 Sept 2014APPW/357/2014

Case brief

AI extract

What is this about?

In a writ application regarding a suspended passport, the Bombay High Court directed the Regional Passport Office to consider an application for passport renewal within four weeks. The court also directed the applicant to add the Passport Office as a party in the main writ petition.

What did the court decide?

Directing the Regional Passport Office to consider the application for renewal of the applicant's passport within four weeks.

Joseph Paul De Sousa Vs the State of Maharashtra and… — Service and Employment | Bombay HC (2014)

¶1

925-appw-357-2014

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

¶3

CRIMINAL APPLICATION NO.357 OF 2014
IN

¶4

CRIMINAL WRIT PETITION NO.3480 OF 2011

¶5

Joseph Paul de Sousa...Applicant
vs.
The State at the instance
of Crime Branch, CID-Mumbai
and Another...Respondents

¶6

Mr. Haresh Jagtiani a/w. Suprabh Jain and R.
Sharma i/b. Haresh Jagtiani and Associates,
for the Applicant.

¶7

Mr. S.K. Shinde @ Dr. F.R. Shaikh, A.P.P. for
the State.

¶8

Mr. A.H.H. Ponda, for Respondent No.2.

¶9

CORAM : V.M. KANADE &
 P.D. KODE JJ.

¶10

SEPTEMBER 18, 2014

¶11

P.C.:

¶12

. Heard the learned counsel appearing on

¶13

behalf of the applicant and the learned counsel

¶14

appearing on behalf of respondent No.2. The
grievance of respondent No.2 is that Regional

1/3

Vishal Parekar

925-appw-357-2014

Passport Office is not made a party to this

¶19

application.

¶20

2. The grievance of the applicant is that
respondent No.2 has filed a written complaint
against him and in light of the said complaint, the
Assistant Passport Officer revoked the applicant's
passport. This order was challenged by the
applicant before the superior officer who has
directed that the passport may be renewed for a
period of one year, however, order of suspension

¶21

was not set aside. The grievance of the applicant
is that since the matter is pending in this Court,
the Regional Passport Office is not willing to
entertain the application for renewal of the
passport.

¶22

3.We are of the view, that taking into

¶23

consideration the facts of this case and the law
laid down by this Court, it would be proper that

2/3

Vishal Parekar

925-appw-357-2014

the Regional Passport Office is directed to
consider the application for renewal of passport of
the applicant as expeditiously as possible and
preferably within a period of four weeks.

¶28

4.The Regional Passport Office may consider

¶29

of renewal of the passport for Ten years if it is
renewed. Even the petitioner if he seeks to travel
abroad, he will have to approach the learned
Magistrate seeking the permission to go abroad and
if such application is made, the Magistrate may

¶30

consider the said application on merits and in
accordance with the law after giving hearing to the
original complainant.

¶31

5. Applicant is directed to add the Regional

¶32

Passport Office as a party respondent in the main

¶33

writ petition. With these directions, the
application is disposed of.

¶34

Vishal Parekar

Joseph Paul De Sousa v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Joseph Paul De Sousa v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shamiullah Habibullah Khan Vs the State of Maharashtra and Ors.

Laxminarayan Girdharilalji Bhutada and Ors. Vs the State of Maharashtra, through District Collector, Nashik and Ors.

Shaji K. K. Vs the State of Maharashtra and Ors.

Prasad Raghunath Sutar Vs the State of Maharashtra and Anr.

Baburao Sopan Nikam Vs the State of Maharashtra and Ors.

Yusuf Izaz Sayyed and Ors. Vs the State of Maharashtra and Anr.