Jayan vs The Union Of India
2021 Latest Caselaw 1438 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

    THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                       WP(C).No.29187 OF 2020(W)


PETITIONER/S:

                JAYAN, S/O. GOPI, THEKKETHARA HOUSE,
                MYLIPPADAM (P.O.), THRISSUR 680 005
                (NOW RESIDING AT FOSHAN SHUNDE JISY TRADING EXPORT
                AND IMPORT TRADING CO. LIMITED, NO. P4, LIFENG
                HUATING BUILDING, LECONG TOWN, FOSHAN SHUNDE,
                GUANGDONG, CHINA)
                REPRESENTED BY BY HIS POWER OF ATTORNEY HOLDER
                VARGHESE , W/O. JAYAN, AGED 38 YEARS, RESIDING AT AT
                THENGAPPURAKKAL HOUSE, THEVVARKADU,
                VARAPPUZHA VILLAGE, NORTH PARVUR TALUK 683 517.

                BY ADV. SRI.NIDHI BALACHANDRAN

RESPONDENT/S:

      1         THE UNION OF INDIA
                REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
                DEPARTMENT OF MINISTRY OF EXTERNAL AFFAIRS,
                PATIALA HOUSE, NEW DELHI 110 001.

      2         THE CONSULATE GENERAL OF INDIA,
                GUANGDONG PROVINCE, GUANGZHOU, TIANHE TIYU W ROAD,
                109, CHINA 510000

      3         THE STATION HOUSE OFFICER,
                THRISSUR EAST POLICE STATION, THRISSUR 680 001.

      4         THE STATION HOUSE OFFICER,
                THRISSUR WEST POLICE STATION, THRISSUR 680 003.

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


                 SMT. POOJA SURENDRAN, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29187 OF 2020             2




                               JUDGMENT

Dated this the 14th day of January 2021

Heard both sides.

2. The application for renewal of passport made by the

petitioner through the 2nd respondent could not leave a favourable

of result because of pendency of two criminal cases against the

petitioner.

3. Learned counsel appearing for the petitioner argued that

the petitioner is kept in house arrest and he will be sent to jail, if

the passport is not renewed. Learned counsel for the petitioner

further argued that both criminal cases have been stayed by the

court and in one case, the authorities have taken lenient view.

4. Learned Assistant Solicitor General of India appearing for

respondent Nos.1 and 2 submits that unless and until the

permission to renew the passport is obtained from the concerned

court, the passport cannot be renewed. As criminal cases are

pending against the petitioner, though they are stayed, the

petitioner is supposed to applies to the concerned court for

permission to renew the passport. This is not done by the

petitioner. Therefore the writ petition cannot be entertained and the

same is accordingly dismissed.

Sd/-

                                             A.M.BADAR
ajt                                            JUDGE





                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE FIR IN CRIME NO. 699/2018
                     OF THRISSUR WEST POLICE STATION.

EXHIBIT P2           TRUE COPY OF THE AFFIDAVIT SWORN DATED

7/12/2020 BY THE DE FACTO COMPLAINANT IN CRIME NO. 699/2018 OF THRISSUR WEST POLICE STATION NARRATING THE SETTLEMENT ARRIVED.

EXHIBIT P3 TRUE COPY OF THE PRIVATE COMPLAINANT NO.

2401/2019 DATED 16/4/2019 FILED ON 30.4.19.

EXHIBIT P4 TRUE COPY OF THE FIR IN CRIME NO. 710/10 OF THE THRISSUR EAST POLICE STATION.

EXHIBIT P5 TRUE COPY OF THE FINAL REPROT IN CRIME NO.

710/19 OF THE THRISSUR EAST POLICE STATION.

EXHIBIT P6 TRUE COPY OF THE DEPOSITIONS GIVEN BEFORE THE POLICE BY THE DE FACTO COMPLAINT, AND OTHERS IN CRIME NO. 710/19 OF THE THRISSUR EAST POLICE STATION.

EXHIBIT P7 TRUE COPY OF THE APPLICATION STATUS OF THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 11/12/20 IN CRL.MAPPL.1/2020 IN CRL.MC.NO.5617/20.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 7/01/ 20 IN CRL.M APPL.1/2020 IN CRL.MC.5617/20.