Kerala High Court
Shihab Kallungal @ Shihabudheen vs State Of Kerala on 16 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
WEDNESDAY, THE 16TH DAY OF JUNE 2021 / 26TH JYAISHTA, 1943
CRL.MC NO. 2732 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMP 655/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS
, KODUNGALLUR, THRISSUR
PETITIONER/PETITIONER/ACCUSED:
SHIHAB KALLUNGAL @ SHIHABUDHEEN
AGED 51 YEARS, S/O.ABDUL KAREEM, PULLUT P.O., KODUNGALLUR,
THRISSUR DISTRICT - 680 663;
WORKING ABROAD AND REPRESENTED BY HIS BROTHER ABDU SAMAD,
S/O.ABDUL KAREEM, AGED 56 YEARS, KALLUNGAL HOUSE, VALAPPAD,
THRISSUR - 680 567.
BY ADVS.
K.K.MOHAMED RAVUF
K.P.SHEREEF
RESPONDENT/RESPONDENTS:
111
STATE OF KERALA, REPRESNTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
22
THE REGIONAL PASSPORT OFFICER, SHIHAB THANGAL ROAD,
NEAR IDBI CORPORATE BRANCH, PANAMPILLY NAGAR, KOCHI-682036.
THE INSPECTOR/STATION HOUSE OFFICER, MATHILAKAM POLICE STATION,
THRISSUR-680685.
THE P
THE PASSPORT OFFICER, INDIAN EMBASSY,
INDIAN ASSOCIATION SHARJAH,
SHARJAH, UAE - 341246.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.06.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.MC NO. 2732 OF 2021
2
ORDER
Heard the learned counsel for the petitioner and learned
CGC for respondents 2 and 4. The petitioner is currently
working abroad. His passport No.J-5247159 expired by
01.06.2021. Hence he had applied for renewal of the
passport on 22.12.2020. It was rejected on the ground
that criminal cases are pending against him presumably
under Section 6(2)(f) of the Passport Act. Hence the
petitioner moved before the Judicial First Class Magistrate,
Kodungallur seeking permission to renew his passport.
However, the said petition was dismissed by Annexure-A7
order on the ground that the petitioner's presence is
absolutely essential for trial of the case. Challenging
Annexure-A7 order, the petitioner has filed this criminal
miscellaneous case.
2. Having considered the facts and circumstances involved,
the learned CGC submits that in case sanction is accorded
by the court it is within the realm of Authorities to renew
the passport in accordance with Rules. There is absolutely
no reason to deny renewal of the passport. Hence there
will be a direction to the 4 th respondent to renew the
CRL.MC NO. 2732 OF 2021
petitioner's Indian passport No.J-5247159, for a period of
two years, as applied vide Annexure-A2 at the earliest
preferrably within three months from the date of this
order, provided the application is otherwise in order.
Crl.M.C. is disposed of accordingly.
Sd/-
N.ANIL KUMAR, JUDGE
AMV/16/06/2021
CRL.MC NO. 2732 OF 2021
APPENDIX
PETITIONERS EXHIBITS :
ANNEXURE-A1 COPY OF THE EPTITIONER'S PASSPORT
NO.J5247159
ANNEXURE-A2 COPY OF THE RECEIPT ISSUED FROM INDIAN
PASSPORT AND VISA SERVICE CENTRE, SHARJAH,
UAE DATED 22.12.2020.
ANNEXURE-A3 COPY OF THE CMP NO.655/2021 FILED BY THE
PETITIONER BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, KODUNGALLUR, DATED
23.02.2021.
ANNEXURE-A4 COPY OF THE REPORT DATED 08.03.2021 FILED BY
THE SUB INSPECTOR OF POLICE, KODUNGALLUR
POLICE STATION BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, KODUNGALLUR.
ANNEXURE-A5 COPY OF THE REPORT DATED 08.03.2021 FILED BY
THE 3RD RESPONDENT BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, KODUNGALLUR.
ANNEXURE-A6 COPY OF THE DETAILS OF THE COMPANY FANCY
CHEMICALS AND FRANGRANCES PVT. LTD., AVAILED
FROM THE WEBSITE OF THE REGISTRAR OF
COMPANIES.
ANNEXURE-A7 COPY OF THE ORDER OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, KODUNGALLUR DATED
15.03.2021 IN CMP NO.622/2021.
ANNEXURE-A8 COPY OF THE JUDGMENT OF THE HON'BLE DELHI
HIGH COURT IN ASHOK KHANNA VS.CBI.
RESPONDENTS EXHIBIT : NIL
TRUE COPY P.A.TO JUDGE
