Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 1622 /N/ 2018. C. R. No. 147 / 2005.
C. C. No. : 578 /PW/ 2008. Powai Police Station.
Sunil Purapullayil Thomas. .. Applicant.
V/s.
Sr. Inspector of Police
(Powai police station). .. Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR PERMISSION TO ISSUE NEW PASSPORT
The accused/applicant viz. Sunil Purapullayil Thomas filed
the present application. Applicant is accused in case, which is
registered with Powai police station (C. C. No.578 /PW/2008),
for the offence P.U.S. 206, 418, 420 r/w. 34 of Indian Penal
Code r/w. 28 (4) of Urban Land (Ceiling and Regulation) Act,
1976. Applicant/accused is prayed for NOC to direct the
passport authority to issue new 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 new the
passport, if allowed. Hence, he prayed for permission to issue
him 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.2 ).
-- 1 of 3 --
~2~
3. Application of applicant is not supported with his
affidavit. To support application applicant also have filed
documents are – Copy of order dtd.21/03/2012 and
23/04/2014, copy of his Passport, copy of gazette of India,
Copy of his Aadhar Card. It seems from record that, Criminal
case P.U.S. 206, 418, 420 r/w. 34 of Indian Penal Code r/w. 28
(4) of Urban Land (Ceiling and Regulation) Act, 1976, 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.
-- 2 of 3 --
Notice No. 1622/N/2018 ~3~
O R D E R
1 The application of applicant/accused viz. Sunil
Purapullayil Thomas, for issue new 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 :05/01/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
-- 3 of 3 --