Final Order 1

Pdf Text: C.C. No. : 1527/N/2018. ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 1527/N/2018. C. C. No. : 2945/PW/2016.
Amboli Police Station.
Amjad Mujafar Khan. … Applicant.
V/s.
Sr. Inspector of Police,
(Amboli Police Station). ...Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR PERMISSION TO ISSUANCE OF THE PASSPORT
The accused/applicant viz. Amjad Mujafar Khan has filed
the present application. Applicant is accused in case, which is
registered with Amboli police station (C. C. No.
2945/PW/2016), for the offence P.U.S. 143, 147, 149, 323, 325,
504, 506 (ii) of Indian Penal Code. Applicant/accused is prayed
for NOC to direct the passport authority to issuance of the
passport under the Passport Act/ Passport Rules. He is ready to
abide by terms and conditions in respect of permission for NOC
to issuance of the passport, if allowed. Hence, he prayed for
permission to issue him 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 ).
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C.C. No. : 1527/N/2018. ~2~
3. Application of applicant is supported with his
affidavit. It is at (Exh.3 ). To support application applicant also
have filed documents are – Copy of order passed in Notice No.
1348/N/2018 dtd/ 29/10/2018, Copy of his Aadhar Card. It
seems from record that, Criminal case P.U.S. 143, 147, 149,
323, 325, 504, 506 (ii) 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.
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C.C. No. : 1527/N/2018. ~3~
O R D E R
1 The application of applicant/accused viz. Amjad
Mujafar Khan, for issuance of 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.
Dated :27/11/2018.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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