Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No.297 /N/2018. C. C. No.2901/PW/2011.
Sakinaka Police Station.
Nisar Ahmed Choudhary S/o. Mohd. Yusuf. … Applicant.
V/s.
Sr. Inspector of Police,
(Sakinaka Police Station). ...Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR PERMISSION TO GO ABROAD AND
NOC FOR ISSUE A PASSPORT.
The applicant filed the present application. Applicant is
accused, against whom crime is registered with Sakinaka police station
(C.R. No.318 /2011), for the offences P.U.S. 324, 323, 504 of I.P.C.
Applicant/accused submitted that, he is desired to go abroad for Umrah
purpose, hence, NOC of Honourable Court is required. Hence, he is
required the passport. He is ready to abide by terms and conditions
imposed by court upon him. Hence, he prayed for permission to go
abroad and permission for grant of issue a passport by the authorities
concerned.
2. Heard Ld. Advocate Mr. R. P. Mishra for accused. In support
of the application applicant have not filed his affidavit on record. It is at
(Exh.3 ). Applicant have filed Copy of his Identity Card issued by Thakur
Institute of Management Studies, Copies of chargesheet and F.I.R., Copies
of his PAN Card, Aadhar Card. Investigation Officer filed his say and
objected the application on the ground that, accused would abscond and
would flee from trial. It is at (Exh.4 ).
3. Ld. Advocate for applicant have submitted observations of
Honourable Bombay High Court in Deepak Dwarkasingh Chhabria V/s.
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Union of India and Another, Honourable Gujarat High Court in DhirenBaxi
V/s. Regional Passport Officer, Honourable Madras High Court in A.
Suresh Kumar V/s. The Passport Officer.
4. It seems from record that, Criminal case No.2901 /PW/2011,
P.U.S. 324, 323, 504 of Indian Penal Code, is pending against
applicant/accused. After going through the record, in my view the
prosecution will not suffer any hardship, if permission to go abroad and
permission for grant of issue a fresh/new passport to applicant/accused
granted. 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 a fresh passport, as per prescribed rules
of Passports Act. Therefore, in the interest of justice and for the reasons
mentioned by application, I proceed to pass following order.
ORDER
1 The application of applicant/accused viz. Nisar Ahmed
Choudhary S/o. Mohd. Yusuf, for permission to travel out of
India and permission for grant of issue a fresh/new passport,
is hereby allowed on following conditions.
a Regional Passport Authority, is to issue new/fresh passport to
applicant, as per the terms and conditions of Passport Rules.
b The applicant/accused shall furnish verified copy of his
passport and other relevant documents with the Investigation
Officer.
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Notice No.297 /N/2018. ~3~
c The applicant/accused is permitted to go abroad for Umrah
purpose only from 01/04/2018 to 30/04/2018 on surety bond
or cash amount of `. 15,000/ .
d The applicant/accused shall furnish his undertaking that, he
will remain present before court, as and when required.
e The applicant/accused shall furnish all the details of his stay
in abroad and also the place and address alongwith phone
numbers at which he will stay in abroad to Investigation
Officer.
f The applicant/accused shall submit verified copy of his
Passport and other relevant documents with the Investigation
Officer.
g On his returning back the applicant/accused shall inform the
Investigation Officer, accordingly.
Date :16/03/2018.
SRD.
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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