Final Order 1

Pdf Text: C.C. No. : 296/N/2018. ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 296/N/2018. C. C. No.100/PW/2017.
Amboli Police Station.
Parag Suresh Shah. … Applicant.
V/s.
Sr. Inspector of Police,
(Amboli Police Station). ...Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR APPLYING FOR FRESH PASSPORT
The accused/applicant viz.Parag Suresh Shah filed the present
application. Applicant is accused in case, which is registered with Amboli
police station (C. C. No.100/PW /2017), for the offence P.U.S. 420, 465,
467, 468, 471 r/w. 34 of Indian Penal Code. Applicant/accused is prayed
to direct the passport authority to issue the fresh 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. Investigation Officer have filed his say. 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
on record those are Copy of his Passport No. H3266556. It seems from
record that, Criminal case P.U.S. 420, 465, 467, 468, 471 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. : 296/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. Parag Suresh Shah,
for issue of Passport, is hereby allowed on following conditions.
a Regional Passport Authority, is to issue the fresh 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 :12/03/2018.
SRD.
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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