Final Order 1

Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 1742 /N/ 2018. C. R. No. 531 / 2016.
Powai Police Station.
Treesha Sandeep Shetty. .. Applicant.
V/s.
Sr. Inspector of Police
(Powai police station). .. Respondent.
ORDER BELOW APPLICAION FILED BY ACCUSED/APPLICANT
FOR PERMISSION TO APPLY NEW PASSPORT
The accused/applicant viz. Treesha Sandeep Shetty
filed the present applicationcumAffidavit. Applicant is accused
in case, which is registered with Powai police station (C. R. No.
531/2016), for the offence P.U.S. 419, 420, 465, 468, 471 r/w.
34 of Indian Penal Code. Applicant/accused is prayed for NOC
to direct the passport authority to issue the passport under the
Passport Act/ Passport Rules. She is ready to abide by terms
and conditions in respect of permission for NOC to new the
passport, if allowed. Hence, he prayed for permission to issue
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.4 ).
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3. Application of applicant is not supported with her
supportive affidavit. To support application applicant also have
filed documents are – Copy of her old and new Aadhar Cards,
Copy of order dtdd 22/03/2018 passed by Honourable High
Court in Anticipatory bail application, Copy of Consent Terms,
Copy of Agency DetailsTraveller(s) information, Copy of
complaint and English Translation, Copy of her Passport and
Visa. It seems from record that, Criminal case P.U.S. 419, 420,
465, 467, 468, 471 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. Treesha
Sandeep Shetty, for issuance of Passport, is hereby
allowed on following conditions.
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1742/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 her
passport and other relevant documents with the
Investigation Officer.
Dated :10/01/2019.
SRD.
Sd/
(R. M. Nerlikar)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai.
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