Vishnu vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 07, 2024

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Citation: sooperkanoon.com/1329517
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Aug 07, 2024
Case Number: Crl.MC/6526/2024

Parties & Advocates

Appellant / Petitioner

Vishnu

Respondent

State of Kerala

Excerpt

.....he seeks the following reliefs;i. direct the 3rd and 4th respondents to renew his passport vide no.m1131422 immediately for a period of three years and ii. issue such other order or direction as thishon'ble court may deem fit and proper in the factsand circumstances of case.2. the learned senior panel government counsel for the 3rd respondent filed a statement and the averments therein in paragraphs 2 and 3 are as under; -4-“2. petitioner is the holder of passport no. m1131422 dated 12/08/2024. he has applied for reissue vide file no. sb2075288779324 at embassy of india, riyadh. the file has received an adverse police verification report on 18/07/2024 stating that the applicant is an accused in cr. no. 620/2011 of chavara thekkumbhagom police station, pending trial before jfcm i chavara as cc 55/2015.3. details of communication between the applicantand mission is not known to respondent office. when crime cases are pending against applicants, as per gsr 570(e), a short validity passport shall be issued to the applicant if the concerned court or the high court grants him permission to go abroad. in such cases, a passport with validity as specified by the court shall be issued. if no period is mentioned in the order, then a passport with validity of one year shall be issued. applicant may approach the passport issuing authority after obtaining the relevant court orders in this regard.”3. it is submitted by the learned counsel for thepetitioner that the petitioner's passport would expire by -5- 11.08.2024 and he has been working abroad on an employment visa. if renewal of the passport is not materialised, he would be in trouble in a case where the trial is on the final stage, in the absence of the petitioner since the petitioner had permitted conduct of the trial in his absence and in the presence of his lawyer.4. as submitted by the learned senior panel governmentcounsel for the 3rd respondent, taking note of the fact that renewal of passport was.....

Full Judgment

-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 7TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946 CRL.MC NO. 6526 OF 2024 CRIME NO.620/2011 OF THEKKUMBHAGOM POLICE STATION, KOLLAM IN CC NO.1055 OF 2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVARA PETITIONER/6TH ACCUSED: VISHNU, AGED 30 YEARS, S/O.VIJAYAN, RESIDING AT ARJUNALAYAM VEEDU, PALACKAL, THEVALAKKARA VILLAGE, CHAVARA, KOLLAM, PIN-690524.
BY ADVS. S.SREEKUMAR (KOLLAM) K.VIJAYAN NAMITHA RAJESH NITHYA V.D. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682031. 2 THE STATION HOUSE OFFICER, THEKKUMBHAGAM POLICE STATION, CHAVARA, KOLLAM, PIN-691310. 3 THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, SNSM BUILDING, KARALKADA JUNCTION, PETTA.P.O., THIRUVANATHAPURAM DISTRICT, PIN-695024. 4 THE CONSULATE GENERAL OF INDIA DIPLOMATIC FOR QATAR, P.O. BOX-94387, RIYADH, SAUDI ARABIA, PIN-122001. -2- R1&R2 SRI.RENJIT GEORGE,SENIOR PUBLIC PROSECUTOR R3&R4 SMT.T.KRISHNA,SENIOR PANEL GOVERNMENT COUNSEL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.08.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -3-

ORDER

Dated this the 7th day of August, 2024 This Crl.M.C. has been filed under Section 482 of the Code of Criminal Procedure by the petitioner/6 th accused in Crime No.620/2011 of Thekkumbhagom Police Station, Kollam, now pending as C.C. No.1055/2015 on the files of Judicial First Class Magistrate Court, Chavara. He seeks the following reliefs;

I. direct the 3rd and 4th respondents to renew his passport vide No.M1131422 immediately for a period of three years and II. Issue such other order or direction as this

Hon'ble Court may deem fit and proper in the facts

and circumstances of case.

2. The learned Senior Panel Government Counsel for the 3rd respondent filed a statement and the averments therein in Paragraphs 2 and 3 are as under; -4-

“2. Petitioner is the holder of passport No. M1131422 dated 12/08/2024. He has applied for reissue vide file No. SB2075288779324 at Embassy of India, Riyadh. The file has received an adverse police verification report on 18/07/2024 stating that the applicant is an accused in Cr. No. 620/2011 of Chavara Thekkumbhagom Police Station, pending trial before JFCM I Chavara as CC 55/2015.

3. Details of communication between the applicant

and Mission is not known to respondent office. When crime cases are pending against applicants, as per GSR 570(E), a short validity passport shall be issued to the applicant if the concerned court or the High Court grants him permission to go abroad. In such cases, a passport with validity as specified by the court shall be issued. If no period is mentioned in the order, then a passport with validity of one year shall be issued. Applicant may approach the Passport Issuing Authority after obtaining the relevant court orders in this regard.”

3. It is submitted by the learned counsel for the

petitioner that the petitioner's passport would expire by -5- 11.08.2024 and he has been working abroad on an employment visa. If renewal of the passport is not materialised, he would be in trouble in a case where the trial is on the final stage, in the absence of the petitioner since the petitioner had permitted conduct of the trial in his absence and in the presence of his lawyer.

4. As submitted by the learned Senior Panel Government

Counsel for the 3rd respondent, taking note of the fact that renewal of passport was applied before the Embassy of India as per GSR 570(E), a short validity passport shall be issued if the concerned court or the High Court grants permission to go abroad, there shall be a direction to the Authorities concerned to renew the passport of the petitioner through the Embassy of India for a period of one year since the petitioner has been abroad and his passport would expire by 11.08.2024 and for the said purpose, C.C. No.1055/2015 on the files of Judicial First Class Magistrate Court, Chavara, arising out of Crime -6- No.620/2011 of Thekkumbhagom Police Station, Kollam shall not be a rider unless he has no involvement in other crimes.

5. This petition stands disposed of accordingly.

It is specifically made clear that permission granted to renew the passport for one year shall not stand in the way of his appearance before the trial court as part of trial, if the trial court insists so. Sd/- A. BADHARUDEEN JUDGE bpr -7- APPENDIX OF CRL.MC 6526/2024 PETITIONER'S ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR DATED 23.07.2011 OF THE THEKKUMBHAGAM POLICE STATION Annexure A2 THE TRUE COPY OF THE FINAL REPORT/ CHARGE DATED 22.10.2011 BEFORE THE JFMC, CHAVARA IN C.C.NO.1055/2015 Annexure A3 THE TRUE COPY OF THE FRONT PAGE OF THE PETITIONER'S PASSPORT Annexure A4 THE TRUE COPY OF THE RECEIPT DATE 07.07.2024 ISSUED BY THE 4TH RESPONDENT Annexure A5 THE TRUE COPY OF THE JUDGMENT IN CRL.MC NO. 4496/2024, DATED 27.06.2024 OF HON’BLE HIGH COURT

Same Court & Year Kerala · 2024 Same Parties Vishnu vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen