Bombay High Court

CHITRA KUNAL GHASTEversusSTATE OF MAHARASHTRA AND ORS.

Decided: 8 January 2026
Disposal: Dismissed
Bench: HON'BLE THE CHIEF JUSTICE GAUTAM A ANKHAD

Holding

The Court held that the pending FIR and cognizance of the offences preclude the issuance of a passport or name change without a police NOC, and therefore the writ petition must be dismissed.

Summary

The petitioner, Mrs. Chitra Kunal Ghaste, sought a writ of mandamus directing senior police officers to issue a No Objection Certificate (NOC) and the Regional Passport Officer to renew her passport in her new name despite an FIR (No. 688 of 2024) alleging offences under sections 408, 420 and 34 of the Indian Penal Code. She had obtained anticipatory bail and a decree of dissolution of marriage, and argued that the pending FIR did not bar passport renewal under the Passport Act, 1967. The respondents contended that the existence of the FIR and the filing of a charge‑sheet precluded any name change or passport issuance without a NOC. The Court held that as long as the FIR remains pending and cognizance has been taken, the petitioner cannot be permitted to change her name or obtain a passport without the required NOC. Consequently, the writ petition was dismissed, with the Court advising the petitioner to approach the criminal court to challenge the cognizance order if she wishes to proceed.

Issues considered

Whether the pendency of an FIR and cognizance of offences under the IPC bar the issuance of a passport and change of name in the passport.
Whether the petitioner is entitled to a No Objection Certificate from the police under Articles 226 and 227 of the Constitution.
Whether the provisions of Sections 10(3) and 10A of the Passport Act, 1967, apply to bar passport renewal in the present facts.

Legislation cited

Indian Penal Code, 1860 — s. 34, 408, 420
Passport Act, 1967 — s. 10(3), 10A

Subjects

passport renewal
name change
no objection certificate
anticipatory bail
FIR
IPC sections 408 420 34
Passport Act 1967
writ of mandamus
high court
criminal proceedings

Judgment

910.5609.25-WP.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.5609 OF 2025

Digitally Mrs. Chitra Kunal Ghaste .. Petitioner
signed by
BASAVRAJ
BASAVRAJ GURAPPA
Vs.
GURAPPA PATIL
PATIL Date:
2026.01.12
State of Maharashtra & Ors. .. Respondents
11:14:49
+0530 ...
Mr. Som Sinha a/w. Ms. Divya Vishwanath a/w.
Ms. Rutuja Thakkar i/b. Veer Kankaria, Advocates
for the Petitioner
Mr. S. V. Gavand, Additional Public Prosecutor for
Respondent No.1.
Mr. D. P. Singh, Advocate for Respondent Nos.4 & 5

CORAM : SHREE CHANDRASHEKHAR, CJ &
GAUTAM A. ANKHAD, J.

DATE : 8th JANUARY 2026

P.C. :
This writ petition has been filed with the following prayers:
“a. Issue a Writ of Mandamus, or any other appropriate writ,
order, or direction under Articles 226 and 227 of the Constitution of
India, directing Respondent Nos. 2 and 3 (Senior Inspectors of
Police, N.M. Joshi Marg Police Station and Mumbai Naka Police
Station) to issue a No Objection Certificate (NOC) in favour of the
Petitioner for the purpose of renewal and change of name in her
passport, in accordance with law;

b. Issue a Writ of Mandamus, or any other appropriate writ,
order, or direction directing Respondent No. 4 (Regional Passport
Officer, Mumbai) to process and issue the renewed passport of the
Petitioner in her new name "Mrs. Chitra Lalwani," without insisting
on any police NOC, as there is no subsisting court order restraining
her travel abroad;

c. Declare that the pendency of FIR No. 688 of 2024 registered
at N.M. Joshi Marg Police Station is not a legal bar to the Petitioner's
renewal or re-issuance of passport, in the absence of any order
passed under Section 10(3) or 10A of the Passport Act, 1967;

bgp Page | 1
910.5609.25-WP.docx

d. Pending the hearing and final disposal of this Writ Petition,
direct the Respondents to provisionally process and issue the
Petitioner's passport with her new name or to grant such interim
clearance/permission as will enable the Petitioner to travel abroad
and join her employment in Sharjah;

e. Pass such further and other orders as this Hon'ble Court may
deem just, fit and proper in the facts and circumstances of the case;

f. Provide for costs of this Petition.”

2. Mr. Som Sinha, the learned counsel for the petitioner states
that First Information Report No.688 of 2024 has been registered
against the petitioner at N.M.Joshi Marg Police Station for
committing offences punishable under section 408, 420 read with
section 34 of the Indian Penal code. The learned counsel for the
petitioner further states that the petitioner has been granted
anticipatory bail in Anticipatory Bail Application No.179 of 2025.
The learned counsel for the petitioner states that in the order dated
21st January 2025 an observation has been made that the petitioner
is not directly involved in commission of the said crime. The
petitioner was married on 1st November 2004 and received a decree
of dissolution of marriage under the judgment dated 24 th April 2025.
She is seeking change of her name in the passport, which has been
published in the official government gazette and is annexed at page
40 of the writ petition.
3. Notwithstanding the aforesaid events and circumstances, we
are of the opinion that as long as the crime registered vide First
Information Report No.688 of 2024 continues, it is not permissible
that her name can be changed. Mr. S. V. Gavand, the learned
Additional Public Prosecutor informed the Court that Writ Petition
(St) No.10025 of 2025 challenging the registration of First
Information Report No.688 of 2024 has been disposed of primarily

bgp Page | 2
910.5609.25-WP.docx

for the reason that by that time a charge-sheet was laid in the Court
and cognizance of the offence was taken by the Court concerned.
4. In view thereof, we are not inclined to entertain this writ
petition but at the same time, we do not intend to close the doors for
the petitioner and give her an opportunity to approach the Court
concerned challenging the order taking cognizance or any other
further order passed by the criminal Court.
5. Writ Petition No.5609 of 2025 is dismissed in the aforesaid
terms.

[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]

bgp Page | 3

Continue reading with your account

Checking your session…