The court issued a direction to the Regional Passport Office, Mumbai, to renew the petitioner's passport for a period of 10 years under the Passport Act and Rules, acknowledging his prosecution status for the requirement to seek prior court permission for travel.
Petition allowed, passport renewed for 10 years
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NISHA Digitally signed by NISHA SANDEEP SANDEEP CHITNISDate: 2024.01.11 11:09:46 CHITNIS +0530
26-wp.4031.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.4031 OF 2023
Siraj Ibrahim Chanawalla ...Petitioner Versus The State of Maharashtra and Anr. ...Respondents
Mr. Kripashankar N. Pandey, for the Petitioner.
Mr. V. B. Konde-Deshmukh, Addl.P.P. for the Respondent No.1- State. Mr. D. P. Singh, for the Respondent No.2.
CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.
DATE : 8th JANUARY 2024
P.C. :
respondent No.2 - Regional Passport Office, Mumbai, to renew his
passport bearing No.L6125200, for a period of 10 years.
for the alleged offences punishable under Sections 409, 420 r/w 34 of
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N. S. Chitnis
26-wp.4031.2023.doc
the Indian Penal Code. The said case is pending before the learned Additional Chief Metropolitan Magistrate, 2nd Court at Mazgaon, Mumbai, being C.C. No.229/PW/2018. It appears that the petitioner applied for renewal of his passport, since his passport validity expired on 29th December 2023. Since as per the Notification of the Central Government, if time period is not mentioned, the passport will have to be issued only for a period of one year, learned counsel for the petitioner seeks a direction to the passport authority to issue passport for a period of 10 years.
a direction to the Passport authority, to renew the petitioner’s
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26-wp.4031.2023.doc
passport bearing No.L6125200, for a period of 10 years, as per the Passport Act and the Rules, thereunder.
order.
MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.
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N. S. Chitnis
2 issues framed by the court
Whether the Passport Authority is directed to renew the petitioner's passport for a period of 10 years despite criminal prosecution pending against him.
Whether the Restrictive List Notification mandates a one-year passport if no specific period is granted by a Court.
1 provisions across 1 enactments
Siraj Ibrahim Chanawalla
The State of Maharashtra
Revati Mohite Dere
Manjusha Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
