Final Order 1

Order Details: Order below Ex-1
Pdf Text: C.C.NO. 1579/M/2025
ORDER BELOW EXH. 1 IN C.C.No. 2273/PW/2023
Read the application supported by affidavit. Heard the learned Advocate
Mr. Nikhil Kadam for the applicant. Gone through the record of proceeding particularly
the documents filed by the applicant in support of his contention in the application.
2. Upon such hearing and consideration, it appears that this is application
filed by the applicant seeking ‘no objection’ for renewal of his passport to the Regional
Passport Office as well for minimum ten years as per the Passport Act. He also has
undertaken to abide any term and condition imposed by this Court while issuing such
‘no objection’ to the Regional Passport Authority contending that one crime no.
293/2025 for commission of offence punishable u/s. 509 of Indian Penal Code r/w.
Section 67 of Information Technology Act, 2000 has been registered against him. The
charge-sheet of said crime has been filed in this Court which has been numbered as
2273/PW/2023. As this case is pending against him, he is getting difficulty for renewal
of his passport. Therefore, he has made this application.
3. It is to be noted that it is the basic rule of pleading that while seeking any
relief from the Court, the relevant facts should be pleaded in the application and
thereafter lead the evidence in support of these facts in order to evaluate and
adjudicate it properly by the Court. In Short, this principle is first plead and then lead.
In view of this principle, if the contents of this application is perused, it reveals that
there are no averment made by the applicant that when he had obtained the passport,
what is its number, when it was expired earlier, how much delay is caused to him for
making this application after such expiry, the substantial reason or sufficient cause for
such delay, what is the stage of the case at present where he is in booked as a accused.
In absence of these facts, the Court is not in a position to adjudicate this application in
proper and just sense of law otherwise it may be said that in accordance with law.
Therefore, this application is in competent to consider at this stage or to grant the relief
claimed by the applicant. Therefore, the application is liable to be rejected. Hence, the
order.
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O R D E R
The application is rejected.
Date : 10/07/2025
ssk
sd/-
(Santosh H. Garad)
Judicial Magistrate (F.C.)
30th Court, Kurla, Mumbai.
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