Passport renewal sought by an applicant facing a pending criminal trial where charges were yet to be framed. After clarification from the Deputy Passport Officer that remedial action was being taken in a bonafide manner, the court directed consideration of renewal for five years rather than ten.
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2024:BHC-AS:8291
42-apl-1653-23.docx
Darshan Patil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1653 OF 2023
ALPESH BHAI KARSHANBHAI DHAMELIYA ..APPLICANT VS. REGIONAL PASSPORT OFFICE AND ANR. ..RESPONDENTS
Adv. Lokesh Zade for the Applicant. Adv. Aruna Pai for Respondent No.1. Ms. Sangeeta D. Shinde, APP for the State.
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 21, 2024
P.C. :
1. The communication dated 06/02/2024 issued by the Deputy Passport Officer addressed to Smt. Pai, Special Public Prosecutor, is taken on record. The stand of the Dy Passport Officer is appreciated. In view of the clarification, I am satisfied that the passport issuing authority has acted in a bonafide manner. It is assured that remedial action is being taken and the case will be reprocessed. There is no reason to doubt the stand of the Deputy Passport Officer which is bonafide.
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Darshan Patil 42-apl-1653-23.docx
2. Learned counsel for the applicant submits that the passport will be handed over to the passport authority for further processing.
3. In my opinion, since the trial is pending and as even the charges are not yet framed, in the facts and circumstances, though learned counsel for the applicant insisted that the passport be renewed for 10 years, according to me, the passport can be considered for renewal for a period of 5 years.
4. The application stands disposed of in the above terms.
(M. S. KARNIK, J.)
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Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 21/02/2024 17:38:46
1 issue framed by the court
Whether the applicant's passport, held by the passport authority pending criminal trial, should be renewed and for what period?
Alpesh Bhai Karshanbhai Dhameliya
Regional Passport Office
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
