Haneefa vs State Of Kerala
2021 Latest Caselaw 12999 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                        THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

           THURSDAY, THE 17TH DAY OF JUNE 2021 / 27TH JYAISHTA, 1943

                               OP(CRL.) NO. 210 OF 2021

   AGAINST THE ORDER/JUDGMENT IN CC 2239/2018 OF JUDICIAL MAGISTRATE OF FIRST

                            CLASS , KUNNAMKULAM, THRISSUR

PETITIONER/ACCUSED:

                HANEEFA, AGED 37 YEARS
                S/O.MOIDEEN, KOLYAIL HOUSE, MANDALAMKUNNU,
                THRISSUR DISTRICT, PIN 680 518.

                BY ADVS.
                K.N.ABHILASH
                SUNIL NAIR PALAKKAT
                M.A.AHAMMAD SAHEER
                P.B.MUHAMMED AJEESH



RESPONDENT/S:

     1          STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
                ERNAKULAM PIN 682 031.

     2          THE STATION HOUSE OFFICER
                VADAKKEKAD POLICE STATION,
                THRISSUR DISTRICT, PIN 679 562.

THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17.06.2021, THE COURT ON THE

SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 210 OF 2021
                                                2




                                       JUDGMENT

Heard the learned counsel for the petitioner and the

learned public prosecutor.

2. The petitioner is the accused in C.C.No.2239/2018 on

the file of the Judicial First Class Magistrate Court,

Kunnamkulam. The offences alleged against the

petitioner are under Section 417 and 420 of the

Indian Penal Code. This original petition has been

filed seeking renewal of passport to go abroad for a

period of two years. As per Section 6(2)(f) of the

Passports Act, 1967, the competent Authority can

refuse the issuance of passport or travel document for

visiting any foreign country on the ground of

criminal proceedings pending in respect of an offence

alleged to have been committed by the petitioner

before any criminal court in India. However, as per

the notification dated 25.08.1993 issued by the

Central Government, exemption has been granted to

the citizens, against whom proceedings in respect of

the offence alleged to have been committed by them OP(CRL.) NO. 210 OF 2021

are pending before criminal court and who produce

an order from the court concerned permitting them

to depart from India, from the operation of this

provision. Going by the notification referred above, it

is clear that the accused shall make an application

before the court concerned. In this case the court

concerned is the Judicial First Class Magistrate,

Kunnamkulam.

3. It has come to the notice of this Court that an

earlier occasion Crl.M.P.No.1706/2019 was filed

before the learned Magistrate and the learned

Magistrate was pleased to allow the application for

renewal of passport for a period of two years.

4. In view of the facts and circumstances, this Court is

of the view that the petitioner is obliged to move

before the court concerned for renewal of his

passport as contemplated under the notification dated

25.08.1993 issued by the Central Government. In the

result, the original petition is disposed of directing

the learned Magistrate to consider the application, if

any, filed by the petitioner along with a copy of this OP(CRL.) NO. 210 OF 2021

order within seven days.

5. The original petition (Crl) is disposed of accordingly.

The registry to issue copy of this order on usual

terms on out of turn priority basis.

Sd/-

                                              N.ANIL KUMAR, JUDGE
      AMV/17/06/2021
 OP(CRL.) NO. 210 OF 2021





                                   APPENDIX



      PETITIONERS EXHIBITS     :

       EXHIBIT P1          COPY OF THE ORDER DATED 08.05.2019 IN

CRL.MP.NO.1706/2019 IN CC NO.2239/2018 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE, KUNNAMKULAM, THRISSUR DISTRICT. EXHIBIT P2 COPY OF THE RELEVANT PAGE OF THE PASSPORT OF PETITIONER.

      RESPONDENTS EXHIBIT :     NIL




                                       TRUE COPY       P.A.TO JUDGE