Riaz H vs Union of India

RIAZ H vs Union of India

Type Court Judgment Court Kerala Decided Jan 31, 2024

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https://sooperkanoon.com/case/1287398

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Citation: sooperkanoon.com/1287398
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Jan 31, 2024
Case Number: WP(C)/2545/2024
Subject: FERA

Case Summary

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

FERA

Key legal issue: FERA

Parties & Advocates

Appellant / Petitioner

RIAZ H

Respondent

Union of India

Excerpt

.....to process the application for renewal of passport, the petitioner has to produce orders from the concerned criminal courts.3. the counsel for the petitioner submits that out ofthe four criminal cases pointed out by the respondents, in one fir (crime no.189 of 2020), the petitioner is not an accused and in the other three cases, the petitioner is :3: willing to obtain orders from the court and produce it before the respondents. in the facts of the case, the writ petition is disposed of directing the petitioner to produce court orders in respect of the three crimes pending against the petitioner and also copy of fir before the passport officer to show that the petitioner is not made an accused in the said case. on receipt of the documents, the passport officer shall consider the application and take a decision as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of copy of requisite documents. sd/- n. nagaresh judge sr :4: appendix of wp(c) 2545/2024 petitioner's exhibits: exhibit p1 true copy of the passport of the petitioner. exhibit p2 true copy of the online appointment receipt received by the petitioner. exhibit p3 true copy of the letter dated 27.012.2023 of the 2nd respondent.exhibit p4 true copy of the case status of the exhibit p5 true copy of the case status of the exhibit p6 true copy of the citizen copy of the fir in crime no. 189/2020 ofcantonment police station. exhibit p7 true copy of the citizen copy of the fir in crime no. 808/2017 of poovar exhibit p8 true copy of the citizen copy of the fir in crime no. 395/2017 of poovar exhibit p9 true copy of the citizen copy of the fir in crime no. 634/2017 of of poovar police station.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 31ST DAY OF JANUARY 2024/11TH MAGHA, 1945 WP(C) NO. 2545 OF 2024 PETITIONER: RIAZ H, AGED 40 YEARS, S/O MOHAMMED MUSTHAFA HANEEFA, LENIN MANDIRAM, KUTTANTHURANNATHIL LEKSHAM VEEDU, POOVAR P.O, THIRUVANANTHAPURAM, PIN - 695525 BY ADVS. VISHNU BHUVANENDRAN B.ANUSREE MIRAL K.JOY ABHILASH C.V. VARUN JACOB RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, JAWAHAR LAL NEHRU BHAWAN, 23D, JANPATH ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI, PIN - 110011 2 REGIONAL PASSPORT OFFICE, SNSM BUILDINGS, PETTAH P.O, KARALKADA JN, KAITHAMUKKU, THIRUVANANTHAPURAM, REPRESENTED BY THE REGIONAL PASSPORT OFFICER., PIN - 695024 BY ADV. SRI.S MANU, DSGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:

JUDGMENT

Dated this the 31st day of January, 2024 The petitioner has approached this Court filing this writ petition seeking to command the respondents to consider Ext.P2 application for renewal of Passport.

2. The learned Deputy Solicitor General of India, on

instructions, submitted that there were six criminal cases registered against the petitioner, out of which, two have been disposed of and the remaining four criminal cases are pending. Therefore, to process the application for renewal of Passport, the petitioner has to produce orders from the concerned Criminal Courts.

3. The counsel for the petitioner submits that out of

the four criminal cases pointed out by the respondents, in one FIR (Crime No.189 of 2020), the petitioner is not an accused and in the other three cases, the petitioner is :3: willing to obtain orders from the Court and produce it before the respondents. In the facts of the case, the writ petition is disposed of directing the petitioner to produce Court orders in respect of the three crimes pending against the petitioner and also copy of FIR before the Passport Officer to show that the petitioner is not made an accused in the said case. On receipt of the documents, the Passport Officer shall consider the application and take a decision as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of copy of requisite documents. Sd/- N. NAGARESH JUDGE SR :4: APPENDIX OF WP(C) 2545/2024 PETITIONER'S EXHIBITS: Exhibit P1 TRUE COPY OF THE PASSPORT OF THE PETITIONER. Exhibit P2 TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT RECEIVED BY THE PETITIONER. Exhibit P3 TRUE COPY OF THE LETTER DATED 27.012.2023 OF THE 2ND RESPONDENT.

Exhibit P4             TRUE COPY OF THE CASE STATUS OF THE
Exhibit P5             TRUE COPY OF THE CASE STATUS OF THE
Exhibit P6             TRUE COPY OF THE CITIZEN COPY OF THE
                       FIR   IN    CRIME  NO.   189/2020   OF

CANTONMENT POLICE STATION. Exhibit P7 TRUE COPY OF THE CITIZEN COPY OF THE FIR IN CRIME NO. 808/2017 OF POOVAR Exhibit P8 TRUE COPY OF THE CITIZEN COPY OF THE FIR IN CRIME NO. 395/2017 OF POOVAR Exhibit P9 TRUE COPY OF THE CITIZEN COPY OF THE FIR IN CRIME NO. 634/2017 OF OF POOVAR POLICE STATION.

Same Court & Year Kerala · 2024 Same Parties RIAZ H vs Union of India Same Subject FERA Same Judge Honourable Mr.Justice N.Nagaresh