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Bombay High Court

ANIL SHAMANDAS ASWANIversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The court held that there is no impediment to granting the interim relief for passport renewal.

Summary

The petitioner, Anil Shamandas Aswani, applied for an interim order to renew his passport, which required a minimum six‑month validity to travel to Singapore for medical treatment. The renewal request was made while a quashing petition (Writ Petition No.4923 of 2025) against the State of Maharashtra was pending. The court noted that there was no objection from the Regional Passport Office, which failed to appear. The petitioner’s counsel submitted that the application had been served and would file an affidavit of service. The judge directed that the order be served afresh on the Regional Passport Office and that they remain present, otherwise the interim relief would be granted. The matter was adjourned to 1 September 2026, with the interim relief likely to be granted.

Issues considered

  • Whether the passport can be renewed on an interim basis despite a pending quashing petition
  • Whether the six‑month validity requirement can be relaxed for medical emergency travel

Subjects

  • passport renewal
  • interim relief
  • medical emergency
  • quashing petition
  • jurisdiction

Judgment

                                                                             17.IA.2970.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION


                             INTERIM APPLICATION NO.2970 OF 2026
                                             IN
                                WRIT PETITION NO.4923 OF 2025

              Anil Shamandas Aswani                                       Applicant
                                                                       .. (Petitioner)
                         Versus
              The State of Maharashtra and Anr.                .. Respondents
                                          ....................
               Ms. Minal Chandnani a/w. Mr. Rajesh Ranglani and Mr. Satyendra
                Mishra, Advocates for Applicant.
               Ms. Sangeeta E. Phad, APP for Respondent No.1 – State.
                                             ...................

                                            CORAM : MILIND N. JADHAV, J.
                                            DATE          : AUGUST 24, 2026
              P.C.:

              1.          Heard Mr. Chandnani, learned Advocate for Applicant and

              Ms. Phad, learned APP for Respondent No.1 – State.


              2.          Interim Application seeks renewal of passport in view of

              precursor condition required of minimum validity of six months to

              travel to Singapore. The Applicant is also otherwise suffering from

              certain medical ailment for which Applicant requires to go to

              Singapore for treatment.        Even otherwise, Petitioner’s quashing

              Petition No.4923 of 2025 is pending before this Court.


              3.          In so far as the relief in paragraph Nos.31(b) and (c) are

              concerned, in my opinion there cannot be any impediment in allowing

              the same.


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                                                                           17.IA.2970.2026.doc


               4.               Today none appears for contesting Respondent No.2 i.e.

               Regional Passport Office.


               5.               Ms. Chandnani informs that Application has been served and

               she will file Affidavit-of-service. Copy of this order shall be served

               afresh on Regional Passport Office.          They are directed to remain

               present. If they do not remain present, appropriate orders allowing the

               Interim Application will be passed on the next adjourned date which

               shall be noted by the Respondents.


               6.               Stand over to 01st September, 2026. To be placed under the

               caption ‘First on Board’.



H. H. SAWANT                                                [ MILIND N. JADHAV, J. ]
                        Digitally signed
                        by HARSHADA
               HARSHADA HANUMANT
               HANUMANT SAWANT
               SAWANT   Date:
                        2026.08.24
                        16:37:17 +0530




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