Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945 CRL.MC NO. 8973 OF 2023 CRIME NO.1770/2016 OF Yeroor Police Station, Kollam AGAINST THE ORDER/JUDGMENT CC 136/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PUNALUR PETITIONER/ACCUSED NO.1: SASIDHARAN AGED 66 YEARS S/O. PACHAN ASARY, ALANKAR TEXTILES, NEDUMKANADAM P.O., IDUKKI, PIN - 685553 BY ADVS. GOKUL D. SUDHAKARAN S.NITHIN (ANCHAL) RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 2 THE REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE, KOCHI ,SHIHAB THANGAL ROAD, PANAMPILLY NAGAR, ERNAKULAM, PIN - 682036 3 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO. 127, SOUTH BLOCK, RAISINA HILLS, NEW DELHI (IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED 01.11.2023) BY ADV MANU S. DSG OF INDIA
SRI VIPIN NARAYAN (SR PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
This petition is filed seeking directions to the 2 nd respondent to renew or revalidate the passport of the petitioner bearing No.L1151807, as the petitioner is aggrieved by the inaction on the part of the 2 nd respondent in renewing his passport as proceedings are pending against him in C.C.No.136/2017 before the Judicial First Class Magistrate’s Court-I, Punalur.
2. The petitioner was issued with passport bearing
No.L1151807 on 30.01.2013 and the same expired on 29.01.2023. Since the petitioner was working in Saudi Arabia at the relevant time, the petitioner applied for renewal of passport. The application for renewal of passport was filed on 12.07.2023. However, the petitioner did not receive any passport pursuant to his application. On
enquiries, it was informed that the passport is not being issued as the petitioner is arrayed as an accused in Crime No.1770 of 2016 of Yeroor Police Station, Kollam District and the same was suppressed by the petitioner in his application for issuance of passport. It is submitted that, on enquiry, it was learned that the aforesaid crime was registered against the petitioner and two others alleging commission of offences under Sections 452, 341, 294A, 323 and 354 of the Indian Penal Code.
3. It is submitted that the prosecution allegation is
that the petitioner along with the other accused, trespassed into the property of the complainant and abused him and when the wife of the complainant tried to stop the same, the accused abused her by tearing her dress and thereby they have committed the offences alleged against them.
4. The learned counsel for the petitioner would submit that in almost identical circumstances, this Court through order dated 10.02.2023 in Crl.M.C.No.839 of 2023 directed as follows:
“Therefore, there will be a direction to the Indian Embassy at Paris to re-validate the passport of the petitioner for a further period of one year from 01.01.2023. However, immediately on arrival in India, petitioner shall surrender his passport before the judicial First Class Magistrate Court-
1. Attingal, Thiruvananthapuram, which shall be retained
until disposal of the four cases, CC.No.1361 of 2013, C.C.No.495 of 2016, C.C.No.1726 of 2016 and C.C.No.2058 of 2016 on the files of the said court.” It is submitted that a similar direction may be issued in the present case as well.
5. Heard the learned Public Prosecutor and the
learned DSGI appearing for the additional 3 rd respondent. This Crl.M.C. will stand disposed of, directing the Indian Embassy at Jeddah to revalidate the passport of the petitioner for a further period fo one year from the date of issue, if the application is otherwise in order. However, immediately on arrival in India, the petitioner shall surrender his passport before the Judicial First Class Magistrate Court-I, Punalur. Thereafter, if the petitioner wishes to go abroad, he may make suitable application in that court and he may be permitted to go abroad, subject
to the directions issued by that court. In order to enable the authorities to re-issue the passport as directed in this judgment, the petitioner shall make a fresh application along with a copy of this judgment. Sd/- GOPINATH P. JUDGE SSK/01/11 APPENDIX OF CRL.MC 8973/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT HAVING NO. L1151807 ON 30.01.2013 OF THE PETITIONER Annexure 2 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF THE PASSPORT APPLICATION