Harilal vs State Of Kerala
2021 Latest Caselaw 9672 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                      OP(Crl.).No.104 OF 2021

AGAINST THE ORDER/JUDGMENT IN CMP 2922/2020 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS -II,NEDUMANGAD

       CRIME NO.248/2007 OF Vattiyoorkavu Police Station ,
                        Thiruvananthapuram


PETITIONER/ACCUSED:

             HARILAL
             AGED 32 YEARS
             S/O. GOPALAKRISHNAN NAIR, KANNATTILE VEEDU, KRA 20,
             KEDARAM NAGAR, CHALAKUZHY ROAD, PATTOM P.O.
             THIRUVANANTHAPURAM DISTRICT 699 004.

             BY ADVS.
             SRI.G.RANJU MOHAN
             SMT.M.SANTHI (K/868/2011)
             SHRI.JETHIN P.

RESPONDENT/COMPLAINANT:

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


OTHER PRESENT:

             PP MAYA M.N.

     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 23.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(CRL) 104 OF 2021

                                      2




                            JUDGMENT

Dated this the 23rd day of March 2021

The petitioner's application for issuance of

passport is being rejected for reason of the petitioner

being an accused in Crime No.248/2007 registered at

the Vattiyoorkavu Police Station for offences

punishable under Sections 143, 147, 148, 149, 323 &

324 of I.P.C.

2. Being a crime of the year 2007, report was

obtained from the jurisdictional Magistrate regarding

the present stage of the case. The report reveals that

the First Information Report is missing from the

records of the court and there is no evidence of the

Final Report having been filed. It is informed that

reconstruction of the case records may take some

more time, after which alone the court will be able to

proceed with the case.

Under no circumstances can the accused put to O.P.(CRL) 104 OF 2021

prejudice due to the missing of records from the

court. Hence, the Judicial First Class Magistrate-II,

Nedumangad is directed to consider the petitioner's

application, seeking permission to apply for passport

and pass orders thereon, within two weeks from the

date of receipt of a copy of this judgment.

The original petition is disposed of accordingly.

Sd/-

V.G.ARUN

JUDGE

NB/23.03.2021 O.P.(CRL) 104 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE PASSPORT AUTHORITY DATED 29.02.2016.

EXHIBIT P2 TRUE COPY OF THE RTI APPLICATION SUBMITTED BY PETITIONERS LAWYER DATED 24.8.2020.

EXHIBIT P2 (a) TRUE COPY OF THE REPLY RECEIVED UNDER RTI ACT DATED 23.9.20.

EXHIBIT P3 TRUE COPY OF C.M.P. NO. 2922/2020 BEFORE THE JFCM II NEDUMANGAD, THIRUVANANTHAPURAM DATED 03.12.2020.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A TO JUDGE