Final Order 1

Order Details: Order Below EX 1
Pdf Text: ...1… C.C.No.5800088/Misc./2023
MHMM180029412023
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW EXH. 01
In C. C. No.88/Misc./2023
1. The applicant has filed present application for granting
permission to renewal of the passport. Applicant Mr. Suresh
Rewachand Tharwani is the accused in C.C.No.1015/SS/2018. The
case is pending before this court, in which the accused is facing trial
for the offence punishable u/sec.138 of the Negotiable Instruments
Act. The applicant/accused has a passport bearing No. L 4783350
which will be expired on 02.10.2023. He is seeking permission for
no objection for renewal of his passport. The passport authority and
police required permission from this court.
2. The say of the respondent Amit Vaswani was called. He
failed to file his say. The Sr.P.I. Khar Police station filed his say and
submitted that there is no any other criminal case pending against
the applicant.
3. In view of Notification issued by Ministry of External
Affairs dated 10.10.2019, the passport may be issued if the applicant
produced 'No Objection Certificate' from Court of Law in India and
may file undertaking in respect of criminal cases pending against
him. Under section 6(2)(f) of the Passport Act, 1967, a person who is
an accused in the Criminal Case is ineligible to be issued a passport.
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However, the Government of India has issued a notification No.GSR
570 (e) dated 25 August 1993 directing that such person can seek
permission of the court where the case is pending. If such court
permits, the passport can be issued. Therefore, the recourse available
to the applicant to move the court and seek permission. Thereafter,
applicant may make an application to passport authority alongwith
permission granted by the court and passport authority may issue the
passport.
4. Counsel for the applicant submitted that the case
pending against the applicant is not of heinous offence, the applicant
has no criminal history. It is further submitted that the applicant
want to travel abroad for business trip. There is no chance of
absconding and nonreturning of the applicant to the country back.
The Counsel for the applicant further submit that the applicant is
ready to adhere the condition, if any, imposed by this court.
5. Having considered the arguments of learned counsel for
the applicant after perusal of the guidelines issued by the Ministry of
External Affairs as well as the gravity of the charges of the criminal
case leveled against the applicant and also considering the case that
the accused is not convicted in any offence herein before. He is ready
to inform the court whenever he planned to go abroad. Therefore, I
hold that 'No Objection Certificate' may be issued to the applicant for
reissue the passport. Hence, I proceed to pass following order.
ORDER
1. The application is allowed.
2. Issue 'No Objection Certificate' to the applicant for
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reissuance of the passport on following conditions:
a) The applicant is directed that he shall not leave India
except prior permission of the Court.
b) He shall appear for trial in all pending cases and shall
not delay the proceedings.
c) Whenever he left the India his advocate shall conduct
the trial of said cases.
3. He shall file undertaking that he will abide the aforesaid
conditions.
4. The copy of this order be kept with pending Criminal
Case bearing C.C.No.1015/SS/2018 against the applicant.
Mumbai, (M. Y. Wagh)
Dated : 25.05.2023. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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