Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW APPLICATION FOR RETURN OF PROPERTY IN
C. C.NO.813/N/2019 ARISING OUT OF C.C.NO.3737/PW/2019 OF
VAKOLA POLICE STATION.
1. The application is filed by the applicant Tarun Amarnath
Khosala for return of property i.e. passport bearing No. G8103549
seized by Vakola Police station in C.R.No.113/2015 registered
u/sec.420, 406, 504, 34 of IPC.
2. The I. O. and APP opposed the application on the ground
that the applicant will not be available for the trial.
3. On perusal of chargesheet it appears that the applicant
accused was directed to submit his passport vide Order on anticipatory
bail application. The case is fixed for evidence. Keeping the passport in
custody of the police station for further period is not necessary. Thus, it
will be proper to return the same to the applicant. He is ready to abide
by the conditions that may be imposed on him. The applicant is also
praying for direction to the passport authorities to process his
application for issuance of passport and permission to travel abroad.
Considering applications for renewal of passport falls within the domain
of passport authorities. No interference can be made with their powers
and functions. The applicant has to undertake and follow the
procedure prescribed as per the rules. Unless and until passport or the
applicant is renewed, he cannot be permitted to travel abroad. The
applicant has not supplied requisite documents to support his prayer for
traveling abroad. Thus, prayer clause 'b' and 'c' of the applicant cannot
be allowed. In the result, following order is passed:
ORDER
1. The application is partly allowed.
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2. The custody of passport bearing No. G8103549 seized by Vakola
Police station in C.R.No.113/2015 registered u/sec.420, 406,
504, 34 of IPC, be handed over to the applicant.
3. The applicant is directed to produce the said passport as and
when required by this court.
4. The applicant should obtain prior permission of this court before
traveling abroad.
5. The applicant is directed to produce verified copies of passport on
record.
6. Case papers be attached to C. C. 3737/PW/2019
Sd/
(Pragati B. Yerlekar)
Metropolitan Magistrate,
Date: 27.11.2019 71st Court, Bandra,Mumbai
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