Final Order 1

Pdf Text: C.C. No. : 110/N/2018. ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 110/N/2018. C. C. No.1613/PS/2016.
Amboli Police Station.
Vora Raj Kiran. … Applicant.
V/s.
Sr. Inspector of Police,
(Amboli Police Station). ...Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR RENEW PASSPORT
The accused/applicant viz.Vora Raj Kiran have filed the present
application. Applicant is accused in case, which is registered with Amboli
police station (C. C. No.1613/PS /2016), for the offence P.U.S. 279, 338
of Indian Penal Code. Applicant/accused is prayed to direct the passport
authority to renew his passport bearing No.G7375875 (issue on
24/01/2008 and valid till 23/01/2018) under the Passport Act/ Passport
Rules. He is ready to abide by terms and conditions in respect of
permission to renew his passport, if allowed. Hence, he prayed for
permission to renew his passport.
2. Ld. A.P.P. have filed his say and having no objection to
renew the passport of accused.
3. Application of applicant is supported with his affidavit. It is
at (Exh.3 ). Applicant also have not filed Copy of Indian Passport bearing
No.G7375875 (issue on 24/01/2008 and valid till 23/01/2018) to
support his application. It seems from record that, Criminal case P.U.S.
279, 338 of Indian Penal Code, is pending against applicant. As per the
observation of Apex court in the case of Maneka Gandhi V/s. Union of
India [1978 SCR (2) 621] (cited Supra). It has held that,
-- 1 of 2 --
C.C. No. : 110/N/2018. ~2~
Right to travel for the purpose of business and service is part
of fundamental right subject to reasonable restrictions, which
are imposed by Act.
4. At the outset, in view of observation of Honourable Apex
Court, cited above, it is justified to ask Passport Authority to entertain the
application of applicant for renew his passport, as per prescribed rules of
Passports Act. Hence, I pass following order.
O R D E R
1 The application of applicant/accused viz. Vora Raj Kiran, for
renew his Passport, is hereby allowed on following conditions.
a Regional Passport Authority, is to renew the passport to
applicant, as per the terms and conditions of Indian Passport
Act/ Rules.
b The applicant/accused shall submit verified copy of his
passport and other relevant documents with the Investigation
Officer.
Dated :23/01/2018.
SRD.
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
-- 2 of 2 --