Final Order 1

Pdf Text: C.C. No. : 248/N/2018. ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 248/N/2018. C. C. No.1131/PS/2016.
Amboli Police Station.
Jasmin Ohidul Khan. … Applicant.
V/s.
Sr. Inspector of Police,
(Amboli Police Station). ...Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR OBTAIN PASSPORT
The accused/applicant viz. Jasmin Chidul Khan filed the present
application. Applicant is accused in case, which is registered with Amboli
police station (C. C. No.1131/PS /2016), for the offence P.U.S. 294, 114
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. She is ready to abide by terms and conditions in respect of
permission to issue the passport, if allowed. Hence, she prayed for
permission to issue him passport.
2. Ld. A.P.P. have filed his say.
3. Application of applicant is supported with her affidavit. It is
at (Exh.3). To support application applicant also have filed documents
on record those are Copy of her Aadhar Card, Letter in pursuant of
passport application, Copy of Ration Card. It seems from record that,
Criminal case P.U.S. 294, 114 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. : 248/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. Jasmin Ohidul 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 her
passport and other relevant documents with the Investigation
Officer.
Dated :09/03/2018.
SRD.
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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