Final Order 1

Pdf Text: C.C. No. : 153/N/2019. ~1~
C.C. No. : 154/N/2019.
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 153/N/2019. C. C. No. 835/PW/2012.
154/N/2019. 120/PS/2009.
Airport Police Station.
Sanjay Shankar Kadam. … Applicant.
V/s.
Sr. Inspector of Police,
(Airport Police Station). ...Respondent.
COMMON ORDER BELOW APPLICAIONS FILED BY
ACCUSED/APPLICANT FOR DIRECTING PASSPORT
AUTHORITY FOR RENEWAL OF PASSPORT OR ISSUANCE OF
NEW PASSPORT
The accused/applicant viz. Sanjay Shankar Kadam filed the
present applications. Applicant is accused in case, which is
registered with Airport police station (C. C. No.835/PW /2012
and 120/PS/2009), for the offence P.U.S. 143, 147, 149, 324,
336, 337, 427, 452, 504, 506(ii) of Indian Penal Code.
Applicant/accused is prayed to direct the passport authority to
renew his passport or issue a new passport under the Passport
Act/ Passport Rules. He is ready to abide by terms and
conditions in respect of permission to renew his passport or
issue a new passport, if allowed. Hence, he prayed for
permission to renew his passport or issue a new his passport.
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C.C. No. : 154/N/2019.
2. Investigation Officer have file his say and thereby not
objected, prayed to appropriate order. It is at (Exh.4 ).
3. Application of applicant is supported with his
affidavits. It is at (Exh.3). To support application applicant
also have filed documents are – Copies of F.I.R., Copies of Spot
Panchnama, Copy of Passport, copy of injury certificate. It
seems from record that, Criminal cases P.U.S. 143, 147, 149,
324, 336, 337, 427, 452, 504, 506(ii) of Indian Penal Code, is
pending against applicant. Ld. Advocate for accused also relied
upon observation held by Honourable Bombay High Court,
Deepak Dwarkasingh Chhabria V/s. Union of India and Another,
AIR 1997, Bom. 181, 1996 (2) Mh Lj 877.
4. As per the observation of Apex court in the case of
Maneka Gandhi V/s. Union of India [1978 SCR (2) 621]. 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 renew or issue new
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C.C. No. : 154/N/2019.
passport, as per prescribed rules of Passports Act. Hence, I pass
following order.
O R D E R
1 The applications of applicant/accused viz. Sanjay
Shankar Kadam, for renew or issue of new Passport, is
hereby allowed on following conditions.
a Regional Passport Authority, is to renew 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 :28/02/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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