Shyam Mohan vs The Regional Passport Officer
2021 Latest Caselaw 6488 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                       WP(C).No.1879 OF 2021(H)


PETITIONER:

               SHYAM MOHAN
               AGED 35 YEARS
               S/O.MOHANAN THANNIPARA JANARDHANAN,
               THANNIPPARA HOUSE, MANNARAKKAYAM P.O.PONKUNNAM,
               CHIRAKKADAVU, KOTTAYAM-686 506.

               BY ADV. SRI.S.MOHAMMED AL RAFI

RESPONDENTS:

      1        THE REGIONAL PASSPORT OFFICER
               PANAMPILLY NAGAR, COCHIN-682 036.

      2        UNION OF INDIA,
               REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL
               AFFAIRS, NEW DELHI-110 001.

               R1-2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.1879/2021                2


                             JUDGMENT

Dated this the 23rd day of February 2021

This writ petition is filed seeking for releasing the passport or

for issuance of new passport to the petitioner.

2. Heard both sides.

3. Learned counsel for the petitioner submitted that the

petitioner had applied for renewal of his passport and by

communication at Ext.P2, because of adverse police report, the

file has been closed. It is argued that the petitioner then

surrendered his passport to the Regional Passport Officer and

accordingly, certificate at Ext.P3 is issued. With this, it is

submitted that the petitioner has been offered a job in foreign

country and therefore, he is in need of passport.

4. Learned Assistant Solicitor General appearing for

respondents opposed the writ petition by contending that Police

Clearance certificate was sought by respondents and as advert

report is received, the Police Clearance certificate could not be

issued. It is argued that passport of the petitioner has not been

impounded and new passport can be issued to the petitioner

provided he submits necessary order from the Court of Judicial

Magistrate of First Class where a criminal case has been pending

against the petitioner.

5. As stated by the learned counsel for the petitioner, the

petitioner is facing prosecution for the offence punishable under

Section 138 read with Section 142 of Negotiable Instruments Act

vide S.T No.939 of 2015 on the file of Judicial First Class

Magistrate, Ponkunnam which was transferred to Judicial First

Class Magistrate Court-I, Thiruvananthapuram and is pending

there as S.T No.504 of 2016. It appears that pendency of this

criminal case initiated on the complaint alleged by one Sri.Pramod

Gopakumar was not reported by the petitioner to the Regional

Passport Authority and that is how, because of adverse police

report, he was required to surrender his passport.

6. Learned counsel for the petitioner submits that the

petitioner shall apply to the learned Judicial First Class Magistrate,

Thiruvananthapuram for permission to travel abroad and

thereafter, after passing necessary orders by the learned

Magistrate, he will apply to the respondents for issuance of fresh

passport.

In this view of the matter, this writ petition is disposed of

with liberty to the petitioner to approach the learned Judicial

Magistrate of First Class, Thiruvananthapuram in S.T No.504 of

2016 for permission to travel abroad and this Court hopes that if

such an application is preferred by the petitioner, the same shall

be disposed of by the learned Magistrate expeditiously. The

petitioner may then apply to the Regional Passport Officer for

issuance of passport and if such an application is moved, the same

shall be decided according to provisions of law.

Sd/-

A.M.BADAR

JUDGE

smp

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT NO. R 0533534 ISSUED TO THE PETITIONER

EXHIBIT P2 TRUE COPY OF LETTER DATED 15.12.2020 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P3 TRUE COPY OF THE SURRENDER CERTIFICATE ISSUED BY THE 1ST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE PRIVATE COMPLAINT INSTITUTED AGAINST THE PETITIONER S.T.NO

EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 9.12.2015 ISSUED BY JUDICIAL 1ST CLASS MAGISTRATE COURT, KANJIRAPPALLY

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 15.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENTS' EXHIBITS: NIL

True Copy

P.S to Judge

smp