Gurucharan Gulshan Mehta v. Union Of India & Anr.

Mr. Sujay Gangal for the Petitioner. Ms. A.S. Pai a/w Mr. Avinash D. Kamkhedkar APP, for the Respondent-State. Adv. Neha Patil for the Respondent No.2. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ. DATE : 30th OCTOBER, 2023. P.C.:- 1) Learned APP tendered across the bar Affidavit-in-reply dated Nil October, 2023 of the Respondents. The Affidavit-in-reply indicates that, there are two cases pending against the Petitioner wherein the charge- sheets have been filed and it is the reason, the Passport Authority did not consider the Application of reissuance of passport of the Petitioner favourably. The Affidavit-in-reply is taken on record. 2) Learned Advocate for the Petitioner submitted that, out of two cases, as of today only one case is pending against the Petitioner and in R.C.C.No.737 of 2016, “B-Summary Report” has been filed by the Investigating Agency. ssm 18-wp1756.23.doc 3) Apart from the above facts, we have noticed that, the Petitioner did not approach the trial Court seeking permission to file an Application for reissuance of passport in conformity with the Government Notification dated 25th August, 1993 issued by the Ministry of External Affairs. 4) In view thereof, learned Advocate for the Petitioner, on instructions, seeks leave to withdraw the Petition with liberty to file appropriate Application for necessary permission for reissuance of passport before the trial Court, seized of R.C.C. No.1100 of 2016. Leave and liberty granted. 5) Disposed off as withdrawn with aforesaid liberty. (SHYAM C. CHANDAK, J.)

(A.S. GADKARI, J.)