PRADEEP SHANKARAO WALAVEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner praying this Court to direct the Passport Officer, Worli, Bombay, to issue a new and fresh, passport to the petitioner expeditiously, since he has to go abroad and for a direction to the first respondent viz. Vikhroli Police Station not to take any objection for the petitioner.

(2.) LEARNED counsel for the petitioner submitted that the petitioner filed an application viz. Application No. 190 of 1997 in Sessions Case No.110 of 1997 on the file of the Court of Sessions for Greater Bombay, praying for discharge as well as for necessary direction to the Passport Authority to issue to the petitioner the passport immediately. According to the learned counsel for the petitioner, nevertheless. the learned Judge who disposed of the said Application on 5.3.1997, only considered the 1st prayer of the applicant/petitioner, but however failed to consider the second prayer of the applicant which prompted him to file the present petition.

(3.) IT can be seen from the ruling cited by the learned counsel for the petitioner that (in para 10) it has bean pointed out at more than two places that the application for passport is not liable to be refused on the ground of pendency of the criminal case, if the applicant obtains permission from the concerned criminal court for travelling outside India. That being so, the appropriate order would be to direct the learned Sessions Judge to take back the Criminal Application No.190 of 1997 in Sessions Case No.110 of 1997 and pass an another order with regard to second prayer, i.e. issuance of passport. The learned Sessions Judge to pass orders after hearing the counsel for the petitioners and the respondents within a period of four weeks from the date or the receipt of this order.