Kerala High Court
Lakshmi vs State Of Kerala on 12 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
CRL.MC NO. 1832 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 420/2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, ALUVA
PETITIONER/S:
LAKSHMI
AGED 39 YEARS
D/O PURUSHOTHAMA KURUP,
PAREPARAMBIL HOUSE,
CHINNAKKAVALA BHAGAM,
VADAKKUMURI KARA,
CHERTHALA VILLAGE, ALAPPUZHA, PIN - 688524
BY ADV RILGIN V.GEORGE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
OTHER PRESENT:
SMT.M.K. PUSHPALATHA, SR.GP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.04.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.1832 of 2022
2
ORDER
Dated 12th day of April,2022
The petitioner is the accused in CC No.420 of 2019 of the
Judicial First Class Magistrate Court-1, Aluva arising from Crime
No.3312 of 2018 of Aluva East Police Station alleging offences
punishable under Sections 420 r/w 34 of the Indian Penal Code.
2. The defacto complainant alleged that the first accused,
the husband of the second accused/petitioner collected money from
the defacto complainant promising to arrange a visa to his son
alleging that the defacto complainant had contacted the second
accused/petitioner as well, crime was registered which led to the
filing of Annexure 1 final report. It is submitted that there were
altogether three cases registered against the accused and except in
the present case the petitioner was not arrayed as an accused in the
final report filed in those cases. It is also submitted that the
petitioner had filed a petition for divorce in the year 2017, which
came to be dismissed and Mat.Appeal No.526 of 2019 is pending
before this Court. Petitioner also submits that there has been
request to the jurisdictional magistrate court for obtaining passport
and that order impugned in the present case is Annexure 8, whereby,
the request of the petitioner for renewing the passport was turned
down. The petitioner prays for setting aside Annexure 8 and for a
direction to permit the petitioner to renew her passport.
Crl.MC.1832 of 2022
3. I have heard the learned counsel for the petitioner as
well as the learned Public Prosecutor.
3. It is seen that the petitioner was permitted earlier to
apply for student visa and as per order of the magistrate court, the
passport authorities were directed to issue passport for two years.
4. Taking into account the fact that the petitioner has also
a child to lookafter and that her right for higher studies or
employment as the case may be is also to be protected, I deem it
appropriate to set aside Annexure 8 order and the petitioner will be
allowed to seek renewal of her passport. Needless to say that the
petitioner will have to take permission from the jurisdictional
magistrate court in case she intends to travel abroad after getting
renewal of the passport and in that event the application has to be
considered independently on its merit.
The Crl.M.C. is allowed as above.
Sd/-
MOHAMMED NIAS.C.P., JUDGE
dlk 12.4.22
Crl.MC.1832 of 2022
APPENDIX OF CRL.MC 1832/2022
PETITIONER ANNEXURES
Annexure1 TRUE COPY OF THE FINAL REPORT IN CRIME
3312/2018 OF ALUVA EAST POLICE STATION
Annexure2 TRUE COPY OF THE ORDER IN CMP 2282/2020
OF JFCM 1 ATTINGAL DATED 24/08/2020
Annexure3 TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE PASSPORT AUTHORITY DATED
12.10.2020
Annexure4 TRUE COPY OF CMP 1345/2020 FILED BEFORE
JFCM-I, ALUVA DATED 2.11.2020
Annexure5 TRUE COPY OF THE ORDER IN CMP 1345/2020
OFJFCM-I, ALUVA DATED 9.11.2020
Annexure6 TRUE COPY OF CMP 1419/2020 FILED BEFORE
JFCM-I, ALUVA DATED 19.11.2020
Annexure7 TRUE COPY OF ORDER IN CMP 1419/2020 OF
JFCM-I, ALUVA DATED 20.11.2020
Annexure8 CERTIFIED COPY OF ORDER IN CMP
1638/2021 OF JFCM-I, ALUVA DATED
12.01.2022
Annexure9 TRUE COPY OF THE ORDER IN CRL.M.C
5335 /2020 DATED 17.12.2021
