Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 1385 /N/ 2018. C. R. No. 684 / 2015.
C. C. No. : 2765 /PW/ 2016. Sakinaka Police Station.
Sagar Ramesh Sonwane. .. Applicant.
V/s.
Sr. Inspector of Police
(Sakinaka police station). .. Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR PERMISSION TO ISSUANCE OF THE PASSPORT
The accused/applicant viz. Sagar Ramesh Sonwane filed
the present application. Applicant is accused in case, which is
registered with Sakinaka police station (C. C. No.
2765/PW/2016), for the offence P.U.S. 325 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 renew the passport, if allowed.
Hence, he prayed for permission to issue his passport.
2. Investigation Officer have file his say and thereby
raised his strong objection on the ground that, if application of
applicant granted there is every likelihood to abscond
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
-- 1 of 3 --
~2~
have filed documents are – Copy of his Aadhar Card and PAN
Card, Copy of Education loan letter of National Kannada
Education Society, Copy of Passport Application Form, Copy of
Identity Card issued by SVIMS. It seems from record that,
Criminal case P.U.S. 325 r/w. 34 of Indian Penal Code, is
pending against applicant/accused.
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. Sagar
Ramesh Sonwane, for issuance of Passport, is hereby
allowed on following conditions.
-- 2 of 3 --
1385/N/2018 ~3~
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 :08/01/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
-- 3 of 3 --