Order 1

Order Details: Copy of Order - 1
Pdf Text: IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS),
SPECIAL COURT FOR ITPA, 54TH COURT, MAZGAON, MUMBAI.
C.C.NO.5401089/PW/2025
Abdul Sattar Kalaniya … Applicant/accused No. 6.
Vs.
The State of Maharashtra
(S. S. Branch Police Station) … Complainant/Respondent.
ORDER BELOW EXH. 66
Applicant/accused has filed this application for permission
for issuance of passport.
2] It is submitted by the applicant that the case u/s. 420, 468,
109, 34 of IPC read with Sec. 4(A), 5 of the Gambling Act is registered
against him. He further submitted that he wants to travel Abroad for Hajj
pilgrimage to Mecca in Saudi Arabia, therefore he applied for passport
before the appropriate authority. The passport authority requires
permission from the court.
3] Learned A.P.P. resist the application by filing say. It is
submitted by Ld. A.P.P. that presence of accused for trial is necessary, if
application is granted he will abscond, hence the application be rejected.
4] Heard Ld. Advocate for applicant/accused at considerable
length. On perusal of case, it is clear that the charge sheet is filed against
the applicant/accused for the offence punishable u/s. 420, 468, 109, 34 of
IPC read with Sec. 4(A), 5 of the Gambling Act. Matter is posted for
evidence. Applicant/accused is resident of Vasai, Thane and ready to abide
by the terms and conditions imposed upon him. Hence, considering this
and documents filed on record, it will not be justifiable to refuse the
permission for issuance of passport.
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.2.
5] Here, I am relying on the ratio laid down by Honourable
Bombay High Court in Shyam Dwarkadas Chabaria Vs. Rigional Passport
Officer and other (2000 Bom. C.R. 705) that, “
Pendency of criminal case
is not a bar to issue passport if applicant obtains permission from
concerned criminal court for travel outside India”. Therefore, in light of
above discussion and considering the above legal position, the applicant
has to be granted permission for obtaining passport subject to the terms
and conditions mentioned in the notification dated 25 August, 1993
issued by Central Govt. in that regard. Hence I pass the following order.
ORDER
1) The application is allowed.
2) The passport authority shall issue passport to the applicant/accused
subject to the terms and conditions mentioned in notification in
that regard.
3) The applicant/accused shall give an undertaking in writing to the
passport authority that he shall whenever required by this Court,
appear before it at any time during the continuance in force of the
passport so issued.
4) The applicant/accused shall remain present on each date of future
hearing and shall not dispute the identity during the trial.
5) The applicant shall submit his permanent residential and
identification proof as well as copy of pass port issued to him.
6) Applicant shall take permission of the court as when travel to
abroad.
7) The applicant shall furnish his arrival and departure schedule, if
any, in case of his foreign travel.
(P. V. Hingne)
Judicial Magistrate (First Class),
Special Court for ITPA,
Date : 19.06.2025 54th Court at Mazgaon, Mumbai.
SVP
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