Final Order 1

Order Details: Copy of Order - 1
Pdf Text: - 1 of 4 - (C.C. No.3-MISC-2026)
IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
46TH COURT, MAZGAON, MUMBAI.
C.C. No.3-MISC-2026
IN
C.C. NO.4600133/PW/2020
(C.R. NO.03/2019 OF AGRIPADA POLICE STATION)
Kiran Dinesh Padam … The applicant.
Vs.
The State.
(Through – PS Agripada) … The Respondent.
ORDER BELOW EXH.1
Present application is filed by accused namely Kiran Dinesh
Padam for obtaining fresh passport for 10 years. It is contended that, the
charge-sheet has been filed against him and others for the offences
punishable under Section 143, 147, 149, 323, 324, 326, 504, 427 of the
IPC
vide C.C. No.4600133/PW/2020. He has further contended that, he
wants to apply for fresh passport as he wants the passport for his business.
He is ready to abide by all the terms and conditions. Hence, he has filed
this application for granting a permission to obtain fresh passport.
2. Say of I.O. and the learned APP was called. The I.O. has filed
his at Exh.4 and learned APP has scribed her say overleaf the application.
They both have objected the application on the ground that, if the
permission is given to the applicant for obtaining passport, there is
likeliness that he may abscond and therefore, the trial may protract for
long. Therefore, they prayed for rejection of this application.
3. This Court has gone through application and affidavit of the
applicant/accused and also perused the relevant record and proceeding. It
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is seen that charge-sheet has been filed against the applicant/accused
along with other accused for the offences punishable under Section 143,
147, 149, 323, 324, 326, 504, 427 of the IPC. 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.
4. The learned counsel for the applicant/accused has placed his
reliance on the ratio laid-down by Hon'ble Bombay High Court in the case
of
Deepak Chhabria Vs. Union of India, reported in A.I.R. 1997 Bombay
181, wherein it is held that,
“
It will be open for the applicant to approach the Criminal
Court, where criminal case against him is pending, for
permission to travel out of India. Even if he has not
received summons from the Criminal Court, it will be open
for the applicant to apply to that Court for a limited
purpose of issuing necessary orders for grant and/ or
renewal of passport. In case, the Criminal Court passes an
order for issuance of passport, the passport authority shall
forthwith issue the passport to the applicant subject to the
terms and conditions mentioned in the notification but
without making any endorsement on the passport about
the pending criminal case.”
5. The learned counsel for the accused has also placed his reliance
on the case of
Balvinder Sing Vs. Union of India, reported in (2005) 139
PLR 346, wherein the Hon'ble Punjab & Haryana High Court has referred
to Central Government Notification No.G.S.R.570E dated 25.08.1993,
issued by Ministry of External Affairs, whereby certain guidelines were
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issued to the passport authority in respect of issuance of passport to the
persons against whom criminal cases are pending. According to the said
Central Government Notification, passport authority is bound by the
orders of Criminal Court for issuing passport. If the criminal Court directs
for the same.
6. 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.
7. The applicant/accused wants to obtain passport for his
business. It is worthwhile to mention here that the copy of Aadhar Card
filed on record by the applicant/accused shows he is resident of Jacob
Circle, Mumbai. Therefore, there is no possibility of absconding of this
accused. Moreso, the applicant/accused has submitted that, he is ready to
abide by any condition imposed by the Court. Considering the said
provisions of Passports Act and the ratio referred in authorities
cited
supra, this Court is of the opinion that there is no impediment on this
Court to grant permission to the applicant/accused to obtain new
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
1. The application is allowed.
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2. Issue No Objection to the applicant/accused Kiran Dinesh Padam to
issue him passport for 10 Years (Ten Years), in accordance with Passport
Rules and Regulations thereunder.
3. The applicant/accused shall produce before this Court immediately the
copy of the passport if issued to him.
4. The applicant shall not travel outside India without prior permission of
the Court.
Date : 12.01.2026 ( P. P. Deshmukh )
Judicial Magistrate F.C.,
46th Court, Mazgaon, Mumbai.
RRRT.
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