Final Order 1

Pdf Text: C.C. No. : 613/N/2018 . ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 613/N/2018. C. C. No.317/PW/2015
C.R. No.186 /2014 Amboli Police Station.
Shiv Gopal … Applicant.
V/s.
Sr. Inspector of Police,
(Amboli Police Station). ...Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR RENEW OF PASSPORT
The accused/applicant viz. Shiv Gopal filed the present application.
Applicant is accused in case, which is registered with Amboli police station
(C. C. No.317/PW /2015), (C.R. No.186 /2014), for the offence P.U.S.
380 r/w. 34 of Indian Penal Code. Applicant/accused is prayed to
extend/renew the passport under the Passport Act/ Passport Rules. He is
ready to abide by terms and conditions in respect of permission to
extend/renew the passport, if allowed. Hence, he prayed for permission
to renew her passport.
2. Investigation Officer filed his say having no objection. It is at
(Exh.3 ).
3. Application of applicant is at (Exh.3 ). Applicant also relied
upon document i.e. Copy of his Indian Passport No. G 7185637. Duration
of his Passport is of ten years i.e. 25/02/2008 to 24/02/2018. Duration
of his Passport No.G 7185637 is over on 24/02/2018. It seems from
record that, Criminal case P.U.S. 380 r/w. 34 of Indian Penal Code, is
pending against applicant. 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,
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C.C. No. : 613/N/2018 . ~2~
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 renewal 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. Shiv Gopal, for
extension/renewal of Passport, is hereby allowed on following
conditions.
a Regional Passport Authority, is to extend/renew the passport
No. G 7185637 of applicant, as per the terms and conditions of
Passport Rules.
b The applicant/accused shall submit verified copy of his
passport No. G 7185637 and other relevant documents with
the Investigation Officer.
Dated :07/05/2018.
ask
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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C.C. No. : 613/N/2018 . ~3~
4. Ld. Advocate for applicant have submitted observation of
Honourable Bombay High Court in W.P. No. 12784/2016, Samip Nitin
Ranjani V/s. Union of India and Others, wherein Honourable Lordship
pleased to issue guidelines in respect of application for renewal of
passport, to Passport Authority, as per rules. It reads as follows.
a. In all cases where the Magistrate's Court directs renewal of
the passports under the Rules, the Passport Rules, 1980
shall apply and passports other than for a child aged more
than 15 years shall be renewed for a period of ten years or
twenty years, as the case may be from the date of it's issue.
All qualifying applicants are entitled to have passport
renewed for at least ten years. The Regional Passport Office
shall renew the passports of such qualifying applicants at
least for ten years.
b. In case where the passports are valid and the applicants
hold valid visas on existing passports, the Regional Passport
Officer shall issue the additional booklet to the same
passport provided the applicant had obtained permission to
travel abroad.
c. If the Learned Magistrate passes an order making the
reference to the said Notification No. G.S.R. 570 (E) dated
26th August, 1993, the passport shall be renewed only for
such period that the Magistrate may specify in the order or
as otherwise specified in the said Notification where the
passport of the applicant is valid for less than one year, the
additional booklet may be issued subject to the orders to be
obtained in this behalf only of the Magistrate concerned.
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