NIJAL NAVIN SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant who is facing prosecution under Ss. 406, 420, 120(b) read with 34 of the Indian Penal Code, 1860 had applied for relief of renewal of the passport before the learned Metropolitan Magistrate 31st Court, Vikhroli, Mumbai by the impugned order the learned Magistrate has rejected the application holding that the investigation is not complete; one of the accused is absconding; there shall chances of tampering of evidence.

(2.) Learned Advocate Mr. Yogesh Gandhi appears for respondent No.2 and copy of writ petition has been served on the advocate for informant.

(3.) Insofar as the prayer for renewal of passport is concern, it is well settled that the rights of person applying for renewal of passport are regulated by the provisions of passport Act. The learned Additional Sessions Judge had permitted the applicant to travel United State of America from 17/7/2017 to 11/8/2019. There is no allegation that the applicant had breached the conditions imposed by the Court while granting permission to travel abroad.