Final Order 1

Pdf Text: C.C. No. : 1649/N/2018. ~1~
IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 1649/N/2018. C. C. No.123/PW/2014.
Amboli Police Station.
Suad Abdul Aziz Jiwani. … Applicant.
V/s.
Sr. Inspector of Police,
(Amboli Police Station). ...Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR RENEWAL OF PASSPORT
The accused/applicant viz. Suad Abdul Aziz Jiwani filed
the present application. Applicant is accused in case, which is
registered with Amboli police station (C. C. No.123/PW /2014),
for the offence P.U.S. 498 (A), 323, 504, 506 r/w. 34 of Indian
Penal Code. Applicant/accused is prayed 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 to renew the passport, if allowed. Hence, she
prayed for permission to issue him 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. : 1649/N/2018. ~2~
3. Application of applicant is not supported with her
affidavit. To support application applicant also have filed
documents are – Copy of F.I.R., Copy of Bail application and
order passed on it, Copy of Passport of applicant, Copy of order
passed in 304/N/2018 on 08/03/2018, Copy of medical report
dtd.17/11/2018. It seems from record that, Criminal case
P.U.S. 498(A), 323, 504, 506 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. : 1649/N/2018. ~3~
O R D E R
1 The application of applicant/accused viz. Suad Abdul
Aziz Jiwani, for issue of Passport, is hereby allowed on
following conditions.
a Regional Passport Authority, is to renew 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 :14/02/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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