Rasheed M., vs State of Kerala,

Type Court Judgment Court Kerala Decided Mar 05, 2025

~4 min read

https://sooperkanoon.com/case/1281505

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1281505
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Mar 05, 2025
Case Number: Crl.MC/2689/2021
Subject: Right to Information

Case Summary

AI-generated summary - not the official court judgment text.

Right to Information

Key legal issue: Right to Information

Parties & Advocates

Appellant / Petitioner

Rasheed M.,

Respondent

State of Kerala,

Excerpt

.....up for admission on 05.03.2025, the court on the same day passed the following:orderthe petitioner is the 1st accused in crime no.400 of 2019 of kollam east police station registered for offences punishable under sections 420 and 120b read with section 34 of the indian penal code. pending investigation of the crime,petitioner went abroad in connection with his job. while he was abroad, petitioner’s passport got expired, and he filed crl.m.c.no.4356 of 2021 before this court seeking revalidation of the passport. that crl.m.c was disposed of with a direction to reissue the passport for a period of six months on condition that the petitioner should return within that period, report before the investigating officer and approach the trial court forgetting the passport renewed further. instead of complying with the direction, petitioner got his visa extended for another two years and stayed on in the sultanate of oman, where he was employed. subsequently, petitioner approached this courtagain by filing the crl.m.c.no.3272 of 2024, seeking revalidation of his passport. that crl.m.c was disposed of with a direction to the respondents to issue appropriate emergency travel documents if the petitioner applies for the same, so as to enable him to travel back to india and comply with the directions issued in the earlier crl.m.c. the petitioner did not apply for emergency travel document also, and the sultanate of oman initiated steps to deport the petitioner to india. on receipt of the information, indian embassy at muscat tried to serve notice on the petitioner so that he could obtain theemergency travel documents and return to india. without availing that opportunity, petitioner has filed this crl.m.c. seeking to quash annexure-a1 fir and further proceedings against the petitioner on the ground that the allegations are not sufficient to attract the offence punishable under section 420 of ipc.2. learned counsel for the petitioner submittedthat, for the present, his.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946 PETITIONER/ RASHEED M., AGED 51 YEARS S/O.MUHAMMED KUNJU, NOOR PALACE, PRAYAR, ALUMPEEDIKA P.O., KOLLAM DISTRICT-690 547 BY ADVS. KRISHNADAS P. NAIR K.G.MANOJ KUMAR K.L.SREEKALA HARIDAS P.NAIR M.A.VINOD SHINTO THOMAS ANU PRABHAKAR PRASOON.K.P M.RAJESH KUMAR RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM DISTRICT-682 031 2 THE BANK OF BARODA, KOLLAM BRANCH, REPRESENTED BY ITS CHIEF MANAGER, RAJEEV.K., AGED 59 YEARS, S/O.V.V.KRISHNAN, RESIDING AT NAVAGRIHA RAHOOMATH APARTMENT, ANCHUKALLUMOODU, KOLLAM DISTRICT-691 012 BY ADVS LEO GEORGE PP M.C.ASHI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioner is the 1st accused in Crime No.400 of 2019 of Kollam East Police Station registered for offences punishable under Sections 420 and 120B read with Section 34 of the Indian Penal Code. Pending investigation of the crime,

petitioner went abroad in connection with his job. While he was abroad, petitioner’s passport got expired, and he filed Crl.M.C.No.4356 of 2021 before this Court seeking revalidation of the passport. That Crl.M.C was disposed of with a direction to reissue the passport for a period of six months on condition that the petitioner should return within that period, report before the Investigating Officer and approach the trial court for

getting the passport renewed further. Instead of complying with the direction, petitioner got his Visa extended for another two years and stayed on in the Sultanate of Oman, where he was employed. Subsequently, petitioner approached this Court

again by filing the Crl.M.C.No.3272 of 2024, seeking revalidation of his passport. That Crl.M.C was disposed of with a direction to the respondents to issue appropriate Emergency Travel Documents if the petitioner applies for the same, so as to enable him to travel back to India and comply with the directions issued in the earlier Crl.M.C. The petitioner did not apply for emergency travel document also, and the Sultanate of Oman initiated steps to deport the petitioner to India. On receipt of the information, Indian Embassy at Muscat tried to serve notice on the petitioner so that he could obtain the

emergency travel documents and return to India. Without availing that opportunity, petitioner has filed this Crl.M.C. seeking to quash Annexure-A1 FIR and further proceedings against the petitioner on the ground that the allegations are not sufficient to attract the offence punishable under Section 420 of IPC.

2. Learned counsel for the petitioner submitted

that, for the present, his client will be satisfied with a direction to the authorities to grant Emergency Certificate so that he can return to Kerala and appear before the Investigating Officer.

3. Learned Public Prosecutor stoutly opposed the prayer, pointing out the violation of earlier directions.

4. In spite of the appealing arguments advanced

by the learned counsel for the petitioner, this Court finds no reason to allow even the limited prayer for issuance of Emergency Certificate. The petitioner had earlier approached this Court and obtained a direction to renew the passport for six months on condition that he returns to India and appears before the Investigating Officer within that time. He did not

abide by that condition. The second opportunity to obtain the Emergency Travel Documents and to appear before the investigating officer after returning from abroad was also not utilized. It is therefore evident that the petitioner has scant regard for the rule of law. As such, no leniency can be shown by this Court and exercise of discretion in favour of the petitioner will be misplaced. It is for the petitioner to surrender at the Indian Consulate in the Sultanate of Oman and avoid his imminent deportation.

The Crl.M.C is dismissed accordingly. Sd/- V.G.ARUN JUDGE SPV APPENDIX OF CRL.MC 2689/2021 PETITIONER’S ANNEXURES Annexure A3 THE TRUE COPY OF THE ORDER DATED 23-05- 2024 IN CRL.MC NO 3272/2024 ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO.400/2019 OF KOLLAM EAST POLICE STATION DATED 12.03.2019. ANNEXURE A2 THE CERTIFIED COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT DATED 26.02.2019. RESPONDENT’S ANNEXURES: NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2025 Same Parties Rasheed M., vs State of Kerala, Same Subject Right to Information Same Judge Honourable Mr.Justice V.G.Arun