Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 1715 /N/ 2018. C. R. No. 12 / 2010.
C. C. No. : 100 /PW/ 2011. Airport Police Station.
Paresh Hasmukh Solanki. .. Applicant.
V/s.
Sr. Inspector of Police
(Airport police station). .. Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR PERMISSION FOR GRANT OF RENEWAL/NEW PASSPORT
The accused/applicant viz. Paresh Hasmukh Solanki
filed the present application. Applicant is accused in case, which
is registered with Airport police station (C. C. No.
100/PW/2011), for the offence P.U.S. 454, 420, 506 (ii) r/w. 34
of Indian Penal Code. Applicant/accused is prayed for NOC to
direct the passport authority to renew the passport bearing No.
Z4642736 under the Passport Act/ Passport Rules. He is ready
to abide by terms and conditions in respect of permission for
NOC to renew the passport, if allowed. Hence, he prayed for
permission to renew his passport.
2. Investigation Officer have file his say and thereby not
raised his objection. It is at (Exh.3 ).
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3. Application of applicant is not supported with his
affidavit. To support application applicant have filed documents
are – Copy of his passport bearing No.Z4642736, Copy of bail
application dtd.02/02/2010 and order passed below it
dtd.05/02/2010. It seems from record that, Criminal case
P.U.S. 454, 506(ii), 420 r/w. 34 of Indian Penal Code, 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.
O R D E R
1 The application of applicant/accused viz. Paresh
Hasmukh Solanki, for renewal of Passport bearing No.
Z4642736, is hereby allowed on following conditions.
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Notice No. 1715/N/2018. ~3~
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 :01/02/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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