Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 1561 /N/ 2018. C. R. No. 68 / 2012.
Amboli Police Station.
Sushant Praful Surve. .. Applicant.
V/s.
Sr. Inspector of Police
(Amboli police station). .. Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR PERMISSION TO RENEWAL PASSPORT BEARING NO.
G0625016 FOR THE PERIOD OF FIVE YEARS
The accused/applicant viz. Sushant Praful Surve filed
the present application. Applicant is accused in case, which is
registered with Amboli police station (C. R. No.68 /2012), for
the offence P.U.S. 294 r/w. 34 of Indian Penal Code.
Applicant/accused is prayed for N.O.C. to direct the passport
authority to renew his passport bearing No.G0625016 under
the Passport Act/ Passport Rules. He is ready to abide by terms
and conditions in respect of permission for N.O.C. to renew the
passport, if allowed. Hence, he prayed for permission to renew
his passport.
2. Investigation Officer have filed 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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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 his Aadhar Card, Copy of his
Passport. It seems from record that, Criminal case P.U.S. 294
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. Sushant
Praful Surve, for renew of Passport, is hereby allowed
on following conditions.
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1561/N/2018 ~3~
a Regional Passport Authority, is to renew the passport of
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 :14/01/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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