Final Order 1

Pdf Text: C.C. No. : 268/N/2018. ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 268/N/2018. C. C. No.3753/PS/2012.
C. R. No. : 68/2012. Amboli Police Station.
Sachin Dhondiram Kesarkar. … 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. Sachin Dhondiram Kesarkar filed the
present application. Applicant is accused in case, which is registered with
Amboli police station (C. C. No.3753/PS /2012), for the offence P.U.S.
294 r/w. 34 of Indian Penal Code. Applicant/accused is prayed for NOC
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 for NOC to issue the passport, if allowed. Hence, he
prayed for permission to issue him passport.
2. Investigation Officer have file his say and thereby raised his
strong objection on the ground that, if application of applicant granted
thereis every likelihood to aboscond accused/applicant. It is at (Exh.4 ).
3. Application of applicant is supported with his affidavit. It is
at (Exh.3 ). To support application applicant also have filed documents
are – Copy of his Aadhar Card, Copy of chargesheet. It seems from record
that, Criminal case P.U.S. 294 r/w. 34 of Indian Penal Code, is pending
against applicant.
4. As per the observation of Apex court in the case of Maneka
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C.C. No. : 268/N/2018. ~2~
Gandhi V/s. Union of India [1978 SCR (2) 621] (cited Supra). It has held
that,
Right to travel for the purpose of business and service is part
of fundamental right subject to reasonable restrictions, which
are imposed by Act.
5. 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. Sachin Dhondiram
Kesarkar, 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 :02/04/2018.
SRD.
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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