Final Order 1

Pdf Text: C.C. No. : 190/N/2018. ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 190/N/2018. C. C. No.299/PW/2017.
Sakinaka Police Station.
Salim Aslam Khan. … Applicant.
V/s.
Sr. Inspector of Police,
(Sakinaka Police Station). ...Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR OBTAIN PASSPORT
The accused/applicant viz. Salim Aslam Khan filed the present
application. Applicant is accused in case, which is registered with
Sakinaka police station (C. C. No.299/PW /2017), for the offence P.U.S.
324, 323, 504, 506 r/w. 34 of Indian Penal Code. Applicant/accused is
prayed to direct the passport authority to issue the passport under the
Passport Act/ Passport Rules. He is ready to abide by terms and
conditions in respect of permission to issue the passport, if allowed.
Hence, he prayed for permission to issue him passport.
2. Ld. A.P.P. have filed his say and having no objection to grant
permission to accused / applicant.
3. Application of applicant is supported with his affidavit. It is
at (Exh.3 ). Applicant also have filed documents to support his
application those are Copy of his Aadhar Card, Copy of Aadhar Card of his
father. It seems from record that, Criminal case P.U.S. 324, 323, 504, 506
r/w. 34 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,
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C.C. No. : 190/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 issue of 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. Salim Aslam Khan, for
issue of Passport, is hereby allowed on following conditions.
a Regional Passport Authority, is to issue 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 :21/02/2018.
SRD.
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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4. Ld. Advocate for applicant have submitted observation of
Honourable Bombay High Court in W.P. No. 12784/2016, Samip Nitin
Ranjani V/s. Union of India and Others, wherein Honourable Lordship
pleased to issue guidelines in respect of application for renewal of
passport, to Passport Authority, as per rules. It reads as follows.
a. In all cases where the Magistrate's Court directs renewal of
the passports under the Rules, the Passport Rules, 1980
shall apply and passports other than for a child aged more
than 15 years shall be renewed for a period of ten years or
twenty years, as the case may be from the date of it's issue.
All qualifying applicants are entitled to have passport
renewed for at least ten years. The Regional Passport Office
shall renew the passports of such qualifying applicants at
least for ten years.
b. In case where the passports are valid and the applicants
hold valid visas on existing passports, the Regional Passport
Officer shall issue the additional booklet to the same
passport provided the applicant had obtained permission to
travel abroad.
c. If the Learned Magistrate passes an order making the
reference to the said Notification No. G.S.R. 570 (E) dated
26th August, 1993, the passport shall be renewed only for
such period that the Magistrate may specify in the order or
as otherwise specified in the said Notification where the
passport of the applicant is valid for less than one year, the
additional booklet may be issued subject to the orders to be
obtained in this behalf only of the Magistrate concerned.
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