Kerala High Court
Chandran vs The Union Of India on 15 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
WP(C) NO. 12795 OF 2021
PETITIONER:
CHANDRAN,
AGED 65 YEARS
S/O. AYYAPPAN KUTTY, PANAMBUKATTUCHIRA, PERUMBALAM,
ALAPPUZHA DISTRICT 688 570.
BY ADV P.ANOOP (MULAVANA)
RESPONDENTS:
1 THE UNION OF INDIA,
REPRESENTED BY SECRETARY, MINSTER Y OF EXTERNAL
AFFAIRS, NEW DELHI 110 001.
2 THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI,
KERALA 682 036.
BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12795 OF 2021
2
JUDGMENT
Heard both sides. The learned counsel for the petitioner submits
that the petitioner wants to attend marriage of his son in the UAE and
the respondents are not issuing passport to him because a crime
no.98/2019 under section 55(1) of the Abkari Act is registered against
him and a criminal case is pending against him in the Court of the
learned Judicial First Class Magistrate Court - II, Cherthala. In view of
judgment of this Court in Criminal Miscellaneous case No.2695/2021,
Ext.P4 between Arun Baby and State of Kerala and Another, petitioner is
not required to obtain No Objection Certificate from the concerned Court
of the Judicial First Class Magistrate.
2. The ASGI submits that on own admission of the petitioner,
criminal case is pending against him in the Court of Judicial First Class
Magistrate Court and therefore, it becomes incumbent on his part to
apply for 'No Objection' for travelling abroad to the concerned Court.
3. I have considered the submissions so advanced. Ruling of this
Court in Criminal Miscellaneous case No.2695/2021 is not applicable to
the facts of this case. In that matter, this Court has exercised power
under Section 482 of the Code of Criminal Procedure. In the said case,
the petitioner therein was being prosecuted for offences punishable
WP(C) NO. 12795 OF 2021
under Section 498A and 506 of the Indian Penal Code. The petitioner
therein had not applied to the concerned Court for permission to travel
abroad. However, he had moved a petition under Section 482 of the
Cr.PC before this Court. While allowing that matter, this Court has
observed that considering the nature of prosecution against the
petitioner therein, there is no need for the prosecution witnesses to
identify the said petitioner as offender. In that case, the petitioner
therein undertook to appear before the Trial Court on all hearing dates
as may be directed by the said Court. In this view of the matter, this
Court instead of relegating the petitioner to the concerned criminal Court
for seeking permission to apply for issuance of passport, and for granting
No Objection Certificate to visit the foreign country, had itself, in
exercise of powers under Section 482 of the Cr.PC granted permission to
the petitioner to travel abroad for employment purpose on the condition
that he shall file an undertaking in the form of an affidavit in the Court of
the concerned Magistrate to the effect that he would appear before that
Court as and when required by the Court. Such is not the case in hand.
In the instant case, the petitioner has applied this Court for a writ under
Article 226 of the Constitution of India with a prayer to the respondent -
Passport Authority to consider his application for issuance of a new
passport and for directing the 2nd respondent to issue a fresh passport to
the petitioner for a period of six months.
WP(C) NO. 12795 OF 2021
In the light of these facts, the judgment of this Court in Criminal
Miscellaneous case No. 2695/2021 is of no avail to the petitioner.
The petition is accordingly dismissed. The petitioner is at liberty to
approach the respondents for the same relief by getting necessary
permission from the concerned court of JFCM.
Nsd sd/-
A.M.BADAR
JUDGE
WP(C) NO. 12795 OF 2021
APPENDIX OF WP(C) 12795/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION DATED
08.02.2021.
Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED
23.02.2021.
Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED
12.05.2021.
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HONBLE
COURT IN CRL.M.C. NO. 2695 OF 2021 DATED
11.06.2021.
//true copy//
PA to Judge
