Final Order 1

Pdf Text: C.C. No. : 503/N/2018. ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 503/N/2018. C. C. No.2511/PW/2009.
C. R. No. : 185/2009. Sakinaka Police Station.
Vijayendra Onkar Shinde. … Applicant.
V/s.
Sr. Inspector of Police,
(Sakinaka Police Station). ...Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR NOC TO ISSUE PASSPORT
The accused/applicant viz. Vijayendra Onkar Shinde filed the
present application. Applicant is accused in case, which is registered with
Sakinaka police station (C. C. No.2511/PW /2009), for the offence P.U.S.
324, 323, 504 r/w. 34 of Indian Penal Code. Applicant/accused is prayed
for NOC 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 for NOC to issue the passport, if
allowed. Hence, he prayed for permission to issue him passport.
2. Investigation Officer have file his say and thereby raised his
strong objection on the ground that, if application of applicant granted
thereis every likelihood to aboscond accused/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
are – Copy of his Aadhar Card, Copy of Identity Card of applicant issued
by BMC, Copy of Acknowledgement Letter issued by Regional Passport
Authority, Copy of F.I.R. It seems from record that, Criminal case P.U.S.
324, 323, 504 r/w. 34 of Indian Penal Code, is pending against applicant.
-- 1 of 2 --
C.C. No. : 503/N/2018. ~2~
4. 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,
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 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. Vijayendra Onkar
Shinde, 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 :09/04/2018.
SRD.
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
-- 2 of 2 --