JUDGMENT - Mrs. RANJANA DESAI, J.:---This petition, filed under Article 227 of the Constitution of India and under section 482 of the Criminal Procedure Code, 1973, seeks quashing of the order dated 5th January, 1993 passed by respondent No. 1, the Regional Passport Officer, Mumbai asking the petitioner to furnish Court order stating that he has been granted permission to go abroad and an undertaking that no case is pending against him in India to enable respondent No. 1 to issue/renew his passport.

2. In this petition there is some dispute as to whether this petition would lie on the Original Side or on the Appellate Side of the High Court. However, since rule is issued in this matter as far back as on 23rd April, 1993 and the facts in this case are admittedly covered by a decision of this Court, I do not wish to go into that aspect of the matter.

3. The petitioner was original accused No. 6 in Special Case No. 4 of 1986 pending on the file of the Special Court of Pune. The petitioner's brother one Deepak Chhabria was original accused No. 7 in that case. The said case arose out of C.R. No. 188 of 1986 registered at Faraskhana Police Station under sections 120-B, 109, 420, 467, 471,

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