Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 351/N/2018. C. C. No.2357/PW/2017.
Amboli Police Station.
Sushil S/o. Parasnath Mishra. … 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. Sushil S/o. Parashnath Mishra filed the
present application. Applicant is accused in case, which is registered with
Amboli police station (C. C. No.2357/PW /2017), for the offences P.U.S.
498 (A), 377, 406, 494, 506 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 and thereby not having
any objection to grant application for issue passport of 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
on record those are Copy of Passport application form, Copy of his PAN
Card, Copy of his Aadhar Card, Copy of his SSC Marksheet, Copy of his
bank passbook A/c. No. 20284031977 lying with State Bank of India. It
seems from record that, Criminal case P.U.S. 498 (A), 377, 406, 494, 506
r/w. 34 of Indian Penal Code, is pending against applicant. As per the
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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,
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. Sushil S/o.
Parashnath Mishra, 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 :26/03/2018.
SRD.
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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