Mufas Puthiya Valappil vs Union Of India
2021 Latest Caselaw 17197 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                          WP(C) NO. 16599 OF 2021


PETITIONER:

              MUFAS PUTHIYA VALAPPIL, AGED 21 YEARS
              S/O. MOOSA KANIYAN KANDI, POOKAVIL HOUSE,
              PULLOOPPI, KANNADIPARAMBA P.O., KANNUR-670604.

              BY ADVS.
              K.ASHIS
              R.MAHESH VARMA


RESPONDENTS:

     1        UNION OF INDIA,
              REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
              MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110001.

     2        THE REGIONAL PASSPORT OFFICER,
              OFFICE OF THE REGIONAL PASSPORT OFFICE,
              KOZHIKODE-673006.

              BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA

              SRI. JAYASANKER NAIR - CGC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 16599/21
                                        2



                             JUDGMENT

The petitioner has approached this Court with

a singular plea that the 2nd respondent be directed

to consider his application, namely Ext.P4, to re-

issue his passport, bearing No.J-2677967.

2. However, the learned Central Government

Counsel - Sri.Jayasankar Nair, submitted that

Ext.P4 cannot be considered without obtaining a

valid order from the competent Criminal Court

because, the petitioner is, admittedly, facing a

charge under Section 375 of the Indian Penal Code

before it. He submitted that if the petitioner

obtains an order from the competent Criminal

Court, granting him permission to travel abroad,

Ext.P4 can be considered.

3. On hearing the learned Central Government

Counsel as afore, Sri.Ashis Korattyswaroopam -

learned counsel for the petitioner, submitted that

his client will approach the competent Criminal WPC 16599/21

Court and obtain necessary orders.

In the afore circumstances, I allow this Writ

Petition, granting liberty to the petitioner to

move the competent Criminal Court appositely and

if he is able to obtain necessary orders from it

permitting his travel abroad, he will be at

liberty to approach the 2nd respondent-Regional

Passport Officer; in which event, the said

Authority will consider Ext.P4 application and

pass appropriate orders thereon within a period of

two weeks therefrom.

Sd/-

RR                                           DEVAN RAMACHANDRAN
                                                  JUDGE
 WPC 16599/21


               APPENDIX OF WP(C) 16599/2021

PETITIONER EXHIBITS

Exhibit P1            TRUE COPY OF THE PASSPORT BEARING NO.J-

2677967 ISSUED BY THE SECOND RESPONDENT DATED 15/09/2010 TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE VISA ISSUED IN FAVOUR OF THE PETITIONER.

Exhibit P3 TRUE COPY OF THE EMERGENCY CERTIFICATE ISSUED IN THE NAME OF THE PETITIONER.

Exhibit P4 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 29/06/2021.