Final Order 1

Pdf Text: C.C. No. : 294/N/2018. ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 294/N/2018. C. C. No.1307/PW/2014.
Sakinaka Police Station.
Sachin Harishchandra Satpute. … 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. Sachin Harishchandra Satpute filed the
present application. Applicant is accused in case, which is registered with
Sakinaka police station (C. C. No.1307/PW /2014), for the offence P.U.S.
323, 353 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. Investigation Officer file his say and objected to grant
application of applicant / accused.
3. Application of applicant is supported with his affidavit. It is
at (Exh.3 ). Applicant also have filed documents are – Xerox copy of
online Appointment Receipt, Copies of Election Identity Card, Pan Card
Aadhar Card of applicant, Copy of Electricity Bill. It seems from record
that, Criminal case P.U.S. 323, 353 of Indian Penal Code, is pending
against applicant. As per the observation of Apex court in the case of
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C.C. No. : 294/N/2018. ~2~
Maneka 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.
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. Sachin Harishchandra
Satpute, 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 :19/03/2018.
SRD.
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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