Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 1516 /N/ 2018.
C. C. No. : 787 /PW/ 2016. Sakinaka Police Station.
Mohammad Islam Noor Mohammad
Choudhary.
.. Applicant.
V/s.
Sr. Inspector of Police
(Sakinaka police station). .. Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED
FOR GRANT OF NO OBJECTION FOR RENEWAL OF
PASSPORT WITH PERMISSION TO GO ABROAD TO
PERFORM HAJ.
The applicant filed the present application for grant
of no objection for renewal of passport with permission to go
abroad to perform Haj. Applicant is accused, against whom
various crimes are registered with Sakinaka police station for the
offence P.U.S. 326, 324, 323, 269, 270, 432, 427 r/w. 34 of
Indian Penal Code. Applicant/accused is prayed for NOC to
direct the passport authority to renew his passport under the
Passport Act/ Passport Rules. He is ready to abide by terms and
conditions in respect of permission for NOC to renew his
passport, if allowed. Hence, he prayed for permission to renew
his passport.
2. Applicant/accused submitted that, he is also desired
to go abroad to perform Haj. He is ready to abide by terms and
conditions in respect of permission to go abroad, if allowed.
Hence, he prayed for permission to go abroad.
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3. 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.3 ).
4. Heard Ld. Advocate for accused. In support of the
application applicant have not filed his affidavit on record. In
support of his application applicant have filed Copy of his
Passport bearing No. S2750340.
5. After going through the record, it appears that,
matter is of 2016 and listed for hearing on 04/03/2019, if
permission to go abroad to applicant/accused granted, it will
definitely affected the trial. In these circumstances prayer made
by applicant is required to be rejected. Therefore, it is rejected.
6. So far as NOC to renew passport is concern it seems
from record that, Criminal cases P.U.S. 326, 324, 323, 269, 270,
432, 427 r/w. 34 of Indian Penal Code, is pending against
applicant/accused. 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.
7. At the outset, in view of observation of Honourable
Apex Court, cited above, it is justified to ask Passport Authority
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Notice No. : 1516 /N/ 2018. ~3~
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. Mohammad
Islam Noor Mohammad Choudhary, for go abroad and
issuance of Passport, is hereby partly allowed.
2 The prayer of applicant/accused viz. Mohammad Islam
Noor Mohammad Choudhary, for go abroad is hereby
rejected.
3 The prayer of applicant/accused viz. Mohammad Islam
Noor Mohammad Choudhary, for renewal of his
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.
Date : 25/01/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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