Full Order Text
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, -- 1 of 2 -- 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. -- 2 of 2 --
