Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 1647 /N/ 2018. C. R. No. 255 / 2015.
C. C. No. : 2997 /PS/ 2016. Powai Police Station.
Richa Varun Gupta. .. Applicant.
V/s.
Sr. Inspector of Police
(Powai police station). .. Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR PERMISSION TO RENEW HER PASSPORT
The accused/applicant viz. Richa Varun Gupta filed the
present application. Applicant is accused in case, which is
registered with Powai police station (C. C. No.2997 /PS/2016),
for the offence P.U.S. 336, 337, 338, 304 (A) of Indian Penal
Code r/w.s. 3, 4 of Maharashtra fire prevention and life safety
measures Act, 2006. Applicant/accused is prayed for NOC to
direct the passport authority to renew the passport under the
Passport Act/ Passport Rules. She is ready to abide by terms
and conditions in respect of permission for NOC to renew the
passport, if allowed. Hence, she prayed for permission to renew
her 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.3 ).
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3. Application of applicant is not supported with her
affidavit. To support application applicant have filed documents
are – Copy of F.I.R., Copy of Receipt/Acknowledgement letter
issued by Passport Seva, Copy of her Passport. It seems from
record that, Criminal case P.U.S. 336, 337, 338, 304 (A) of
Indian Penal Code r/w.s. 3, 4 of Maharashtra fire prevention
and life safety measures Act, 2006 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.1647/N/2018 ~3~
O R D E R
1 The application of applicant/accused viz. Richa Varun
Gupta, for renew her 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 her
passport and other relevant documents with the
Investigation Officer.
Dated :23/01/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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