Kerala High Court
Siddhique vs State Of Kerala on 8 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
Crl.MC.No.182 OF 2021(C)
CC 971/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-I,THRISSUR
PETITIONER/S:
SIDDHIQUE,
AGED 61 YEARS
S/O. ABOOBACKER, KILLIYATH HOUSE, PAVARATTY,
THRISSUR DISTRICT.
BY ADVS.
SRI.K.M.SATHYANATHA MENON
SMT.KAVERY S THAMPI
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2 THE SUB INSPECTOR OF POLICE
TOWN EAST POLICE STATION, THRISSUR DISTRICT,
PIN-680 001.
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 08.02.2021, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. No. 182 of 2021
-2-
ORDER
Dated this the 08th day of February, 2021
Petitioner is the first accused in C.C.No.971
of 2018 on the files of the Judicial First Class
Magistrate Court-I, Thrissur. The petitioner
being a businessman, has to travel abroad
frequently. Petitioner intends to travel to the
USA for businessman purposes. For obtaining US
Visa, his passport should be valid for at least
five years. Learned Counsel for the petitioner
pointed out that the petitioner has been
attending the court regularly either by himself
or through Counsel. Further, the allegation is
only of the petitioner having committed offences
under Sections 341, 323 and 506 IPC. Attention
is drawn to Annexure-E judgment by which the
petitioner was acquitted in a complaint filed by
Crl.M.C. No. 182 of 2021
the very same de facto complainant. The grievance
of the petitioner is that, in spite of these
favourable factors, permission to go abroad is
granted only for one year.
2. Learned Counsel for the petitioner
fairly submitted that, a specific prayer seeking
renewal of passport for five years was not made
in the petition moved before the trial court.
Being so, the trial court cannot be faulted for
not having specified the period for which the
passport is to be validated, except permitting
the petitioner to travel abroad for one year. It
is pertinent to note that, as per G.S.R.570 (E)
dated 25.08.1993 of the Ministry of External
Affairs, the passport shall be issued for the
period specified in the order of the court and if
no period either for the issue of the passport or
for the travel abroad is specified in such order,
Crl.M.C. No. 182 of 2021
the passport shall be issued for a period of one
year.
Considering the above factors, the petitioner
is permitted to submit a fresh application for
renewal of passport, specifying the time limit
for which the renewal is sought, with advance
notice to the Public Prosecutor concerned. If
such an application is filed, the learned
Magistrate shall consider and pass orders on that
application, untrammeled by Annexure B order.
The Crl.M.C is disposed of as above.
sd/-
V.G.ARUN
JUDGE
Scl/08.02.2021
Crl.M.C. No. 182 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE PETITION FILED BY THE
PETITIONER AS C.M.P.NO.3437/2020 IN
C.C.NO.971/2018 BEFORE THE COURT OF
THE JUDICIAL MAGISTRATE OF I CLASS
NO.1, THRISSUR.
ANNEXURE B CERTIFIED COPY OF THE ORDER DATED
25.11.2020 IN C.M.P NO.3437/2020 IN
C.C.NO.971/2018 ON THE FILES OF THE
COURT OF THE JUDICIAL MAGISTRATE OF I
CLASS NO.1, TRISSUR.
ANNEXURE C TRUE COPY OF THE NOTIFICATION NO.GSR
570(E) DATED 25.8.1993 ISSUED BY THE
CENTRAL GOVERNMENT OF INDIA.
ANNEXURE D TRUE COPY OF THE ORDER DATED
25.10.2018 OF THE COURT OF THE
JUDICIAL MAGISTRATE OF I CLASS NO.1,
THRISSUR IN C.M.P.NO.5793/2018 IN
C.C.NO.971/2018.
ANNEXURE E TRUE COPY OF THE JUDGMENT DATED
24.7.2018 IN C.C.NO.2653/2009 ON THE
FLES OF THE JUDICIAL FIRST CLASS
MAGISTRATE NO.1 THRISSUR.
