Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
C.C.No.623/Misc./2022
MHMM180142152022
C.C.No.624/Misc./2022
MHMM180142132022
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW EXH. 01
In C. C. No.623/Misc./2022
And
In C. C. No.624/Misc./2022
1. The applicant has filed present applications for granting
permission to renewal of the passport. Applicant Mrs.Vandana Yogen
Joshi is the accused in C.C.No.2529/SS/2015 and
C.C.No.1151/SS/2016. The cases are 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. K 4575593. She is seeking permission for no
objection for renewal of her passport. The passport authority and
police required permission form this court.
2. 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.
However, the Government of India has issued a notification No.GSR
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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.
3. Counsel for the applicant submitted 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. It
is further submitted that there is no chance of absconding and non
returning of the petitioner to the country back. The Counsel for the
petitioner further submit that the petitioner is ready to adhere the
condition, if any, imposed by this court.
4. 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. She is
ready to inform the court whenever she 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 she shall not leave India
except prior permission of the Court.
b) She shall appear for trial in all pending cases and
shall not delay the proceedings.
c) Whenever she left the India her advocate shall
conduct the trial of said cases.
3. She shall file undertaking that she will abide the
aforesaid conditions.
4. The copy of this order be kept with all pending Criminal
Cases against the applicant.
Mumbai, (M. Y. Wagh)
Dated : 27.01.2023. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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