Kerala High Court
Assainar vs State Of Kerala on 12 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
CRL.MC NO. 3369 OF 2024
CRIME NO.226/2019 OF Edakkara Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED 06.04.2024 IN CC NO.609 OF 2019
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NILAMBUR
PETITIONER/PETITIONER/ACCUSED NO.1:
ASSAINAR
AGED 40 YEARS
S/O. ALAVI HAJI, ANAPATTATH HOUSE, VAZHIKKADAVU,
MAMAKARA, NILAMBUR, PIN - 679333.
BY ADV E.C.AHAMED FAZIL
RESPONDENTS/RESPONDENTS/STATE/PASSPORT AUTHORITY:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031.
2 THE STATION HOUSE OFFICER
EDAKKARA POLICE STATION, MALAPPURAM DISTRICT, PIN -
679331.
3 THE PASSPORT OFFICER, KOZHIKODE
REGIONAL PASSPORT OFFICE, ERANHIPALAM, KOZHIKODE, PIN -
673006.
SMT. SREEJA V. - PUBLIC PROSECUTOR
SR. PANEL COUNSEL - T.C KRISHNA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3369 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C. No. 3369 of 2024
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Dated this the 12th day of April, 2024
ORDER
Petitioner is the accused in C.C.No. 609/2019 on the files of the Judicial First Class Magistrate's Court, Nilambur. During the pendency of the above criminal case, the petitioner's passport expired, and he applied for reissue of the passport. The learned Magistrate by Annexure A2 order, granted permission to renew the passport for a period of one year. Petitioner intends to travel on a pilgrimage, and it is submitted that the visa will be issued only if the passport has a validity atleast upto 31-07-2025. Accordingly, the petitioner filed another application as Crl.M.P.No.1107 of 2024 for permission to extend the validity of the passport. However, the learned Magistrate has dismissed the said application by the impugned order.
2. After having heard the counsel for the petitioner as well as the learned Public Prosecutor and Senior Panel Counsel for the Central Government, I am of the view that this Crl.M.C. can be disposed of.
3. Since the learned Magistrate has already granted permission for the renewal of the passport, I am of the view that CRL.MC NO. 3369 OF 2024 3 the passport can be permitted to be renewed for a period of three years, provided the petitioner makes an application and is otherwise eligible.
Crl.M.C. is disposed of as above.
BECHU KURIAN THOMAS JUDGE AJM CRL.MC NO. 3369 OF 2024 4 APPENDIX OF CRL.MC 3369/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 226 OF 2019 OF EDAKKARA POLICE STATION DATED 18.09.2019.
Annexure A2 TRUE COPY OF THE ORDER DATED 08.01.2024 IN CMP NO. 6043 OF 2023 IN CC NO. 609 OF 2019 PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR.
Annexure A3 TRUE COPY OF THE RELEVANT EXTRACT OF PASSPORT OF PETITIONER BEARING NO. B9982477 DATED 17.01.2024 ISSUED FROM PASSPORT OFFICE, KOZHIKODE.
Annexure A4 TRUE COPY OF THE COMMUNICATION DATED 28.03.2024 ISSUED BY AL MANAR HAJJ CELL, KOZHIKODE.
Annexure A5 TRUE COPY OF THE APPLICATION DATED 01.04.2024 IN CMP NO. 1107 OF 2024 IN CC NO. 609 OF 2019 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR.
Annexure A6 TRUE COPY OF THE ORDER DATED 06.04.2024 IN CMP NO. 1107 OF 2024 IN CC NO. 609 OF 2019 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR.