Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
65TH COURT, ANDHERI, MUMBAI.
1703/N/2018
Mahesh Manohar Pawar ..Applicant
V/s.
State of Maharashtra (Vileparle Police Station ) ..Respondent
ORDER
(Passed on 25.03.2019)
Perused application. The applicant named above is seeking
permission to obtain passport to go abroad from Regional Passport
Authority. He is ready to abide by the conditions, whatever imposed by
this court.
Ld. APP & Investigating Officer filed say and strongly
opposed the same.
Heard both sides. It is worthwhile to mention that this court
is not having jurisdiction to grant/refuse permission to obtain the
passport. Indian Passport Act and rules made thereunder are self
sufficient to empower the passport authority to issue the passport as per
fulfillment of requisite conditions. However, in a case in hand, the
accused is not seeking the permission to go abroad.
In this regard a reliance can be placed on the case of MS
Chandbibi zaidi Vs. Union of India 2019 All MR (Cri)423 wherein
Magistrate had rejected application regarding No objection Certificate
and said order was set aside by the Hon'ble High Court. The Hon'ble
High Court granted liberty that applicant to produce such fresh
application before the Magistrate.
-- 1 of 2 --
In such circumstances, this court has no objection to issue the
passport to the accused applicant if otherwise he fulfill the criteria
under the provisions of Indian Passport Act. Hence I proceed to pass
following order :
ORDER
1. Application is allowed.
2. This court has no objection to grant passport to the applicant
accused if he fulfills all the terms and conditions as required under the
Indian Passport Act and rules made thereunder.
3. The applicant shall not leave the Nation without prior
permission of the concern police station and the court.
4. Applicant shall cooperate for speedy disposal of the main
case.
Sd/
( S.C. Pathare)
Dt. 25.03.2019 Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
.
.
-- 2 of 2 --