Final Order 1

Order Details: Order below Ex-1
Pdf Text: 1
C.C.NO.4400971/N/2024(C.C.No.1985/PW/2020)
ORDER BELOW THE APPLICATION OF ACCUSED/APPLICANT FOR
RETURN OF PASSPORT.
This is an application made by accused/applicant Mr. Afaq
Tohid Janoohasan for giving no objection to the concerned authority
to handover the custody of the passport which is said to have been
issued by the passport authority of India.
2. The learned APP opposed the application on the ground
that the accused will flee away from the justice. Hence, according to
her, such directions cannot be given.
3. Heard. Perused the record.
4. It appears that the accused is alleged to have committed
the offence punishable under Section 406, 420 r/w 34 of Indian Penal
Code. In fact, the record shows that the passport authority has already
issued the passport to the accused/applicant. However, it is the
contention of the applicant/accused that the concerned authority did
not handover the said passport to him.
5. It is pertinent to note here that in order to support the
averments made in the application in respect of refusal to handover the
custody of the said passport, there is no any relevant document placed
on record. Hence, in the absence of any relevant document in this
regard, mere submission is not sufficient to give direction to the
concerned authority to handover the custody of the said passport.
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6. Apart from this, it appears that the accused is alleged to
have committed the offence and the trial is pending before this Court.
In such circumstances, in order to have the due verification or for the
purpose of official scrutiny of the record, the concerned authority might
have withheld the said passport. It is needless to say here that this
Court is not supposed to make the interference in the administrative
work of the passport authority unless and until there is sufficient
documents placed on record regarding the miscarriage of justice. As
noted above, the applicant/accused has not filed any document to show
the bonafide reason for withholding the said passport. In such
circumstances, I am not inclined to allow this application. Hence, I pass
the following order:
O R D E R
The application is rejected.
Sd/
( Sujitkumar C. Tayde )
Date: 22/06/2024 Metropolitan Magistrate,
44th Court, Andheri, Mumbai.
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