Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 1525 /N/ 2018. C. R. No. 432 / 2011.
C. C. No. : 947 /PW/ 2012. Sakinaka Police Station.
Siddharth Baliram Kamble. .. Applicant.
V/s.
Sr. Inspector of Police
(Sakinaka police station). .. Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED
FOR PERMISSION TO GO ABROAD FOR FAMILY TOUR
FROM 01ST DECEMBER 2018 TO 30TH SEPTEMBER 2019,
AND FOR NOC FOR PASSPORT.
The applicant filed the present application for go
abroad and for NOC to issue passport. Applicant is accused,
against whom crime is registered with Sakinaka police station
for the offence P.U.S. 324, 323, 504 r/w. 34 of Indian Penal
Code. Applicant/accused submitted that, he is desired to go
abroad i.e. at Thailand, Asia for family tour purpose, during the
period in between 01/12/2018 to 30/09/2019. 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.
2. Applicant/accused is also 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 issue him
-- 1 of 4 --
~2~
passport, if allowed. Hence, he prayed for permission to issue
passport to him.
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.4 ).
4. Heard Ld. Advocate for accused. In support of the
application applicant have filed his affidavit on record. It is at
(Exh.3 ). In support of his application applicant have filed Copy
of chargesheet, Copy of injury report, Copy of F.I.R., Copy of
Spot Panchnama Dtd. 09/11/2011, Copy of Passport application
form, Copy of online appointment receipt and Copy of his
Aadhar Card.
5. After going through the record, it appears that,
matter is of 2012 and listed for hearing on 07/02/2019, period
in which applicant want to go abroad is morethan six months,
(01/12/2018 to 30/09/2019), 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.
-- 2 of 4 --
Notice No. : 1525 /N/ 2018. ~3~
6. So far as NOC to issue passport is concern it seems
from record that, Criminal case P.U.S. 324, 323, 504 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
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. Siddharth
Baliram Kamble, for go abroad and issuance of
Passport, is hereby partly allowed.
2 The prayer of applicant/accused viz. Siddharth Baliram
Kamble, for go abroad is hereby rejected.
-- 3 of 4 --
~4~
3 The prayer of applicant/accused viz. Siddharth Baliram
Kamble, 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.
Date : 09/01/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
-- 4 of 4 --