Anoop vs State Of Kerala
2021 Latest Caselaw 7073 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                     Crl.MC.No.1230 OF 2021(C)

 AGAINST THE ORDER/JUDGMENT IN CC 239/2011 OF JUDICIAL MAGISTRATE
                 OF FIRST CLASS -I,PATHANAMTHITTA

   CRIME NO.127/2011 OF ARANMULA POLICE STATION, PATHANAMTHITTA


PETITIONER/ACCUSED-3:

             ANOOP
             AGED 31 YEARS
             S/O SASIDHARAN,
             PARATHITTA VEEDU, VALLANA MURI, KIDANGANNOOR VILLAGE,
             PATHANAMTHITTA DISTRICT.

             BY ADV. SRI.K.V.ANIL KUMAR

RESPONDENT/STATE& COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM-682031.

      2      THE STATION HOUSE OFFICER
             ARANMUL POLICE STATION, ALAPPUZHA DISTRICT, PIN-
             689533.

      3      THE REGIONAL PASSPORT OFFICER
             REGIONAL PASSPORT OFFICE, THIRUVANANTHAPURAM, PIN-
             695024.


OTHER PRESENT:

             PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.1230 OF 2021
                                  2




                            ORDER

Dated this the 1st day of March 2021

The petitioner is the third accused in Crime

No.127/2011 of Aranmula Police Station registered for

offences punishable under Sections 143, 177 & 427

read with Section 149 of I.P.C., presently pending as

C.C.No. 239/2011 on the files of the Judicial First

Class Magistrate Court-I, Pathanamthitta.

2. On receipt of summons in the case, the

petitioner appeared before the trial court and was

released on bail. Since then, the case has been

pending for more than 9 years. The petitioner has an

opportunity to secure employment abroad. But, the

validity of his passport expired on 02.12.2020.

Thought the petitioner has submitted an application

for reissue/revalidation of the passport, the passport

authorities will not renew the pass, unless no-

objection is obtained from the jurisdictional court. CRL.M.C.NO.1230 OF 2021

3. The prayer in this Criminal M.C. is to direct

the 3rd respondent, Regional Passport Officer, to

consider petitioner's application and reissue his

passport. I find no reason to entertain this Criminal

M.C., in as much as the petitioner has approached

this court without even moving an application before

the jurisdictional Magistrate.

4. Learned Counsel for the petitioner submitted

that the petitioner is ready and willing to approach

the jurisdictional court and will be satisfied with a

direction to consider the application to be filed within

a time frame. It is for the petitioner to approach the

jurisdictional court, in which the learned Magistrate

will consider the application, for which no direction

need be issued by the High Court.

This Criminal Miscellaneous Case is dismissed

accordingly.

Sd/-

V.G.ARUN

JUDGE

NB CRL.M.C.NO.1230 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-A1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.127/2011 OF ARANMULA POLICE STATION.

ANNEXURE-A2 A TRUE COPY OF THE PASSPORT OF THE PETITIONER WIDE NO. J2924993.

ANNEXURE-A3 A TRUE COPY OF THE ONLINE RECEIPT DATED 21.01.2021 ISSUED FROM THE PASSPORT SEVA KENDRA, KOLLAM.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE