Final Order 1

Order Details: Order below EX-1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
39TH COURT, VILE PARLE, MUMBAI
C.C.NO. 19/N/2020
ORDER BELOW APPLICATION OF APPLICANT SEEKING NO
OBJECTION FOR RENEWAL OF PASSPORT
1] This is an application filed by applicant/accused Jayesh
Ashok Gupta in connection with C .C. No 01/Misc/2020 charge
sheeted for the offence under section 53 (1)(7) of MRTP Act
registered by Malad Police Station seeking no objection for
renewal of passport.
2] The applicant submits that he is holding passport vide
no. Z4944751 which expired on 21/05/2019 and hence he is
seeking permission for applying for renewal of passport. He has
filed copy of relevant pages of passport showing details on record.
Original was seen. It is pleaded that direction may be given to
Passport Office to renew the Passport for 10 years. Attention of the
Court is invited to the order of Hon'ble Metropolitan Magistrate
Court, Borivali.
3] On the application say of prosecution was called. The
Ld. APP vide his say has resisted the application. Investigating
Officer vide his say has expressed to having no objection for the
prayer of renewal of Passport provided the same in subject to
terms and conditions.
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4] Perused application, documents and say. Also, perused
case papers also chargesheet pending before this Court. Heard
advocate for the applicant. The applicant who as per entry in
application also his own contention is permanent resident of
Mumbai, is not charged for heinous crime against public order. He
has annexed verified copy of Aadhar Card as proof of his identity
and address. Original was seen. Since he is represented by pleader
I do not find that the progress of the case would be hampered, if
he is granted permission for applying for renewal of passport.
5] So far as the prayer of direction to Passport Office
regarding renewal of passport is concerned in my opinion there is
no need to infringe into sphere of authority given to Passport
Office in that regard. The case relied upon by the counsel in any
case will fall only under caption of being persuasive and not
authoritatively binding on this Court. Neither, it is based on any
question of law but merely on question of fact. Hence, direction in
this regard is uncalled for.
6] Considering the above, I deem fit to allow the
application as follows:
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O R D E R
1) The applicant/accused Jayesh Ashok Gupta is hereby
given no objection for applying for renewal of passport which be
considered by the passport authority in accordance with law.
(S. R. Sharma),
Vile Parle, Mumbai. Metropolitan Magistrate,
Date: 04/12/2020 39th Court, Vile Parle, Mumbai
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