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Order 1

CNR MHMM19006076201808 Jun 2018
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Order 1 · 08 Jun 2018 · CNR MHMM190060762018

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 709/N/2018. C. C. No.465/PW/2018
C.R. No.04 /2017 Airport Police Station.
Paresh Hirji Dharod. … Applicant.
V/s.
Sr. Inspector of Police,
(Airport Police Station). ...Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR RENEW OF PASSPORT
The accused/applicant viz. Paresh Hirji Dharod filed the present
application. Applicant is accused in case, which is registered with Airport
police station (C. C. No.465/PW /2018), (C.R. No.04 /2017), for the
offence P.U.S. 354, 294, 354 ¼A½ ¼3½, 201 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.4 ).
3. Affidavit of applicant is at (Exh.3 ). Applicant have not filed
any documents to support his application. It seems from record that,
Criminal case P.U.S. 354, 294, 354 ¼A½ ¼3½, 201 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. : 709/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. Paresh Hirji Dharod
for extension/renewal of Passport, is hereby allowed on
following conditions.
a Regional Passport Authority, is to extend/renew the passport of
applicant, as per the terms and conditions of Passport Rules.
b The applicant/accused shall submit verified copy of his
passport and other relevant documents with the Investigation
Officer.
Dated :08/06/2018.
SRD
Sd/
(I. R. Shaikh)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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