Final Order 2

Pdf Text: C.C. No. : 1604/N/2018. ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 1604/N/2018. C. C. No.502/PS/2016.
Powai Police Station.
Monika Ravindra Keny. … Applicant.
V/s.
Sr. Inspector of Police,
(Powai Police Station). ...Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR ISSUE NOC OF OBTAINING PASSPORT
The accused/applicant viz. Monika Ravindra Keny filed the
present application. Applicant is accused in case, which is
registered with Powai police station (C. C. No.502/PS /2016),
for the offence P.U.S. 294, 114 of Indian Penal Code.
Applicant/accused is prayed to direct the passport authority to
issue her a new the passport under the Passport Act/ Passport
Rules. She is ready to abide by terms and conditions in respect
of permission to renew the passport, if allowed. Hence, she
prayed for NOC in respect of issue her a new 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. : 1604/N/2018. ~2~
3. Application of applicant is supported with her
affidavit. It is at (Exh.2) To support application applicant also
have filed documents are – Copy of Passport Application Form,
Copy of online appointment receipt, Copy of receipt for passport
seva SMS services, Copy of her Aadhar Card. It seems from
record that, Criminal case P.U.S. 294, 114 r/w. 34 of Indian
Penal Code, is pending against applicant. Ld. Advocate for
accused also relied upon observation held by Honourable
Supreme Court of India in case Narendra K. Ambwani V/s.
Union of India and Ors., 2014 0 Supreme (Mah) 656.
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. : 1604/N/2018. ~3~
O R D E R
1 The application of applicant/accused viz. Monika
Ravindra Keny, for issue of Passport, is hereby allowed
on following conditions.
a Regional Passport Authority, is to issue a new passport
to applicant, as per the terms and conditions of Indian
Passport Act/ Rules.
b The applicant/accused shall submit verified copy of her
passport and other relevant documents with the
Investigation Officer.
Dated :11/03/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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