Final Order 1

Order Details: Copy of Order - 1
Pdf Text: - 1 of 3 - (C.C. No.2-MISC-2026)
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
46TH COURT, MAZGAON, MUMBAI.
C.C. No.2-MISC-2026
IN
C.C. NO.4600133/PW/2020
(C.R. NO.03/2019 OF AGRIPADA POLICE STATION)
Kanku Vishram Padam … The applicant.
Vs.
The State.
(Through – PS Agripada) … The Respondent.
ORDER BELOW EXH.1
Present application filed by accused namely Kanku Vishram
Padam for seeking permission to re-issue/renewal of passport for 10 years.
It is contended that she along with other accused has been charged for the
offences punishable under 143, 147, 149, 323, 324, 326, 504, 427 of the
IPC. The charge-sheet has been filed by PS. Agripada
vide C.C.
No.4600133/PW/2020 against them. She has further contended that, the
validity of her passport bearing No.N6576751 will expire on 26.01.2026.
She has further submitted that, he has to travel to Dubai for religious
purpose and also to meet her relatives there. Therefore, as the validity of
her passport is expired, she wants to apply for re-issuance of passport,
however, the Passport Authority asking to obtain the permission from the
Court. Hence, she filed this application for granting a permission to re-
issue/renewal the passport.
2. Say of I.O. and learned APP was called. The I.O. has filed his
say (Exh.4) and submitted to reject the application. The learned APP
scribed her say overleaf the application and objected that, if permission is
granted there is every possibility that, the applicant will flee away and
delay will be caused for conducting trial.
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3. Heard the both the sides and gone through application and
affidavit of the applicant and also perused the relevant record and
proceeding.
4. It is pertinent to mention here that, PS. Agripada has filed
charge-sheet against the accused and other accused vide C.C. No.
4600133/PW/2020 for offences mentioned
supra. This Court has also
gone through the relevant provisions of Passport Act, 1967 and Passport
Rules, 1980. In the said enactments, there are no guidelines for issuance
of such type of directions. However, for issuance of passport, there is a
clause restraining passport authority in case a criminal case is pending
against the applicant. Yet, parameters for issuing No Objection or issuing
direction to concerned authority by the concerned criminal Court are not
given.
5. In this case, the learned counsel for the applicant has relied
upon very recent judgment of the Hon’ble Bombay High Court in the case
of
Sangram Ashok Swami Vs. Regional Passport Office, Pune & Ors. 2022
ALL M.R. (Cri.) 1664, in which, the Hon’ble High Court has directed the
passport authorities to renew the petitioner’s passport for 10 years, in
accordance with the Passport Rules and Regulations thereunder.
6. The learned counsel for the applicant has also relied upon the
judgment of the Hon’ble Telangana High Court in the case of
Mahendra
Kumar Agarwal Vs. The Union of India & Ors. decided on 27.03.2024 in
WP No.7873 of 2024, in which the Hon’ble High Court has directed the
Passport Authorities to pass the appropriate orders for renewal/re-
issuance of passport for a period 10 years as per the Passport Act and
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Rules and Regulations thereunder.
7. The applicant wants to obtain passport for the purpose to travel
abroad for religious purpose and to meet her relatives there. It is
worthwhile to mention here that the applicant is resident of Mumbai.
Therefore, there is no possibility of absconding of this accused. Moreso,
the applicant has submitted that, she is ready to abide by any condition
imposed by the Court. Considering the said provisions of Passports Act
and the ratio referred in authority cited
supra, this Court is of the opinion
that there is no impediment on this Court to grant permission to the
applicant to re-issue of passport, subject to undertaking and certain
conditions. In view thereof, this Court is of the opinion that application
deserves to be allowed. Accordingly, this Court proceeds to pass following
order.
ORDER
01. The application is allowed.
02. The Passport Authority, Mumbai is hereby directed to re-issue
passport to the applicant for 10 Years (Ten Years), in accordance
with the Passport Rules and Regulations thereunder.
03. The applicant/accused shall produce before this Court immediately
the copy of the passport if issued to him.
04. The applicant shall not travel outside India without prior
permission of the appropriate Court.
05. Application is disposed of accordingly.
Date : 12.01.2026 ( P. P. Deshmukh )
Judicial Magistrate (F.C.),
46th Court, Mazgaon, Mumbai.
RRRT.
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