Final Order 1

Order Details: Order Below EX 1
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MHMM180056792021
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW EXH. 01 in C. C. No. 294/Misc./2021
In C.C.No.2702/SS/2016
1. This is an application filed by the applicant to grant
permission to renewal/issuance of the passport. The applicant is an
accused in Criminal Case No.2702/SS/2016, Yogesh Gopal Sale
Vs.Jugal Nitin Raval. 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 submitted that he
had a passport bearing No. F 3681868. The said passport was
expired on 28.04.2015 but the applicant was not intending to visit
abroad, thus Passport was not renewed by him. The applicant
submitted that he is a permanent resident of Kher Nagar, Bandra,
Mumbai. He required to travel abroad for attending marriage
ceremony of the relative. Therefore, the passport is required to be
renewed or new passport to be obtained. The passport authority has
raised objection in view of sec.6(2)(f) of The Passports Act 1967. The
passport authority may renew or issue new passport if court grant no
objection to the accused.
2. In view of Notification issued by Ministry of External
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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.
3. Sr. P. I. of Nirmal Nagar Police Station filed his say and
submitted that no any crime is registered against the accused. Thus,
he has no objection to issue passport to the applicant. The notice was
issued to the complainant Yogesh Sale, but he has not filed his say
even after service of notice.
4. 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. 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.
5. Counsel for the applicant would submit that the case
pending against the applicant is not of heinous offence, the applicant
is a respectable person of the society and has no criminal history and
no other case except the case mentioned above is pending against the
applicant. It is further submitted that there is no chance of
absconding and nonreturning of the petitioner to the country back.
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The Counsel for the petitioner further submit that the petitioner is
ready to adhere the condition, if any, imposed by this court.
6. 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 petitioner and also considering the case that
the petitioner has already been enlarged on bail in the aforesaid case
and he has not misused the ball granted to him. The accused is not
convicted in any offence herein before. Only single case is pending
against him u/sec.138 of N.I. Act. He has filed an affidavit that no
any other cases pending against him. 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 renewal of
the passport. Hence, I proceed to pass following order.
ORDER
1. The application is allowed.
2. Issue 'No Objection Certificate' to the applicant for
renewal/issuance of the passport.
3. The applicant is directed that he shall not leave India
except prior permission of the Court.
4. The copy of this order be kept with Criminal Case
No.2702/SS/2016.
Mumbai, (M. Y. Wagh)
Dated : 20.11.2021. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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