Fousiya Shebeer vs Regional Passport Officer

Kerala High Court

Fousiya Shebeer vs Regional Passport Officer on 21 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                WP(C) NO. 17399 OF 2024
PETITIONER:

         FOUSIYA SHEBEER
         AGED 42 YEARS, W/O SHEBEER THAIPURATHE,
         SAKEENA MANZIL, THAIKKATTUKARA P.O ALUVA,
         ERNAKULAM, PIN - 683 106.

         BY ADV
              PRAVEEN K. JOY

RESPONDENT:

         REGIONAL PASSPORT OFFICER
         PANAMPILLY NAGAR P.O COCHIN,
         PIN - 682 036.

         BY ADV
              T.C KRISHNA, CENTRAL GOVERNMENT COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.17399 of 2024
                               :2:




                           JUDGMENT

Dated this the 21st day of May, 2024 The petitioner states that she is the holder of an Indian Passport bearing No.N3565395.

2. The petitioner approached the respondent to renew the Passport. The respondent informed the petitioner that there are two criminal cases pending against the petitioner. So, the petitioner should submit court order to the respondent for the renewal of the Passport.

3. The petitioner is the accused in ST Nos.71 of 2023 of the Chief Judicial Magistrate Court, Kollam and ST No.57 of 2022 of the Judicial First Class Magistrate Court, Ernakulam. The offence alleged against the petitioner is under Section 138 of the Negotiable Instruments Act. This is a false personal case between private parties and not an offence against State. The Chief Judicial Magistrate Court, Kollam and the Judicial First Class Magistrate Court, Ernakulam granted bail to the petitioner in ST No.71 of 2023 W.P.(C) No.17399 of 2024 :3: and ST No.57 of 2022. The conditions of bail do not include surrender / deposit of Passport. But, the respondent refused to renew the Passport of the petitioner.

4. The petitioner is well aware of the crimes and she is appearing in the Court during the proceedings. The petitioner submitted a representation to the respondent to accept the application for renewal of Passport. The delay in considering the application for renewal of passport will cause huge and irreparable injury and loss to the petitioner, contends the Counsel for the petitioner.

5. Deputy Solicitor General of India entered appearance on behalf of the respondent and resisted the writ petition.

6. Heard.

7. It is evident from the Statement filed by the petitioner that even in cases where criminal cases are listed against an applicant for Passport, such applicants can obtain permission from the competent criminal court for travelling abroad and on the basis of such permission, the Passport W.P.(C) No.17399 of 2024 :4: authorities can consider the application for issuing a short duration Passport as ordered by the criminal court. The petitioner would submit that she is ready to approach the competent courts and obtain necessary permissions.

In view of the facts as stated above, the writ petition is disposed of granting liberty to the petitioner to approach the competent jurisdictional criminal court for obtaining permission to travel abroad. If the petitioner obtains such order from the criminal court and produces the same before the respondent or the Passport Seva Kendra concerned, the respondent shall consider the application for issuance of fresh Passport in accordance with law.

Sd/-

N. NAGARESH JUDGE AMR W.P.(C) No.17399 of 2024 :5: APPENDIX OF WP(C) 17399/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE PASSPORT BEARING NO.

N3565395 DATED 09.10.2015 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 19.03.2024 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 25.01.2024 IN WP(C) 1867/2024 ISSUED BY THE THIS HON'BLE COURT.