Kerala High Court
Colin George vs Union Of India on 6 August, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.1045 of 2025
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2025:KER:58659
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(CRL.) NO. 1045 OF 2025
CRIME NO.1618/2018 OF Ernakulam South Police Station, Ernakulam
PETITIONER(S):
COLIN GEORGE
AGED 32 YEARS, S/O. GEORGE, MARATHONTHARA HOUSE,
KOTTUVALLY, KAITHARAM, NORTH PARAVUR, ERNAKULAM DISTRICT,
KERALA, PIN - 683519
BY ADV SMT.SWARNA THOMAS
RESPONDENT(S):
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL
AFFAIRS, NEW DELHI, PIN - 110001
2 THE REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, ERNAKULAM,
PIN - 682036
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4 THE STATION HOUSE OFFICER
NORTH PARAVUR POLICE STATION, NORTH PARAVUR,
ERNAKULAM, PIN - 683513
5 THE STATION HOUSE OFFICER
ERNAKULAM TOWN SOUTH POLICE STATION,
ERNAKULAM, PIN - 682016
W.P.(Crl.).No.1045 of 2025
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2025:KER:58659
BY ADVS.
SMT. O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SMT SEETHA S, SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.).No.1045 of 2025
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2025:KER:58659
P.V.KUNHIKRISHNAN, J
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W.P.(Crl.) No.1045 of 2025
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Dated this the 06th day of August, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the following reliefs:
"1. Issue a writ of mandamus or any other appropriate writ, order, or direction permitting the petitioner to travel abroad using Passport No. AE419926;
2. Issue a writ of mandamus or any other appropriate writ, order, or direction commanding the 4th respondent Station House Officer to record the closure of Crime No. 1618/2018 and report the same to the 2nd respondent and the Bureau of Immigration, so as to ensure that the petitioner faces no hindrance in travelling abroad and prevent further financial and professional loss;
3. Issue a writ of certiorari or any other appropriate writ, order, or direction to quash Ext.P6 FIR in Crime No. 1618/2018 of Ernakulam Town South Police Station, in view of the fact that no criminal proceedings are pending before any court owing to the bar of limitation under Section 468 CrPC., corresponding to section 514 of BNSS, 2023;
4. Direct the respondents to pay the costs of these W.P.(Crl.).No.1045 of 2025 4 2025:KER:58659 proceedings to the petitioner, considering that hardship have been caused solely by their procedural lapse;
5. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice." [SIC]
2. The petitioner is employed as Marketing Manager in First Shipping LLC, UAE. The petitioner was holding a passport bearing No.N2178273 as evident by Ext.P2. It will expire on 19.08.2025. Now the petitioner is in India. He applied for the renewal/re-issue of the passport as evident by Ext.P3 online receipt. It was a "TATKAAL" application. Therefore, the passport was issued even without getting the police verification report. Ext.P4 is the renewed passport. Based on the same, the petitioner decided to return to UAE. But, it was informed that an adverse police report is submitted stating that a case is pending against the petitioner. Ext.P6 is the FIR in that case. Now the petitioner was forced to cancel his return ticket also as evident by Ext.P5. The petitioner enquired with the jurisdictional Magistrate to find out whether any final report is filed in this W.P.(Crl.).No.1045 of 2025 5 2025:KER:58659 case because the case was registered in the year 2018. But no final report was received by the jurisdictional Magistrate is the submission of the petitioner. Hence, the petitioner approach this Court with this Writ Petition.
3. Heard Adv. Smt. Swarna Thomas, the learned counsel appearing for the petitioner, the Public Prosecutor and the learned DSGI.
4. Admittedly Ext.P6 FIR is registered in the year 2018. As on the date of filing the writ petition, the final report is not filed. The offence alleged in Ext.P6 are minor offences. The time to submit the final report as per the provisions of Cr.PC is already over. The Public Prosecutor submitted that a final report is filed in Ext.P6 on 04.08.2025. The learned Magistrate has not taken cognizance of the same because it is barred by limitation under Section 468 Cr.PC. In such circumstances, I am of the considered opinion that it will be an injustice to the petitioner, if Ext.P4 renewed passport is canceled based on a police report.
5. Admittedly, the final report is submitted in Ext.P6 FIR W.P.(Crl.).No.1045 of 2025 6 2025:KER:58659 after the period mentioned in Section 468 Cr.PC / Section 514 of BNSS. If that be the case, I am of the considered opinion that, in the interest of justice, the further proceedings in Crime No.1618/2018 of Ernakulam Town South Police Station is to be quashed and the petitioner is to be allowed to go abroad, if there is no other cases.
Therefore, this Writ Petition(Crl.) is allowed in the following manner:
1. All further proceedings in Crime No.1618/2018 of the Ernakulam Town South Police Station, including the final report, if any filed, is quashed.
2. The petitioner can travel abroad based on Ext.P4 renewed passport, if there is no other case.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE nvj W.P.(Crl.).No.1045 of 2025 7 2025:KER:58659 APPENDIX OF WP(CRL.) 1045/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RESIDENT IDENTITY CARD ID NO. 784-1993-9065495-4 HAVING CARD NUMBER 131927998 ISSUED ON 21.09.2023 EXHIBIT P2 TRUE COPY OF THE PASSPORT NO.N2178273 ISSUED ON 20.08.2015 EXHIBIT P3 TRUE COPY OF THE ONLINE APPLICATION RECEIPT WITH APPLICATION REFERENCE NO. 25- 1057829960 DATED 29.07.2025 EXHIBIT P4 TRUE COPY OF THE PASSPORT NO.AE419926 ISSUED ON 30.07.2025 EXHIBIT P5 TRUE COPY OF THE CANCELLED RETURN TICKET HAVING PNR NO. TB2CNK ISSUED ON 19.07.2025 EXHIBIT P6 TRUE COPY OF THE FIR IN CRIME NO.
1618/2018 DATED 25.09.2025 OF ERNAKULAM TOWN SOUTH POLICE STATION //TRUE COPY// PA TO JUDGE