Muhammad Irfan T. A vs Union Of India
2022 Latest Caselaw 12163 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE AMIT RAWAL
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                      WP(C) NO. 41736 OF 2022
PETITIONER/S:
           MUHAMMAD IRFAN T. A
           AGED 23 YEARS
           S/O ABDULRAHMAN KUTTY T. M,
           THONDANMALA, ACHI, KAKKADU P.O, PUTHUPPADI, KOZHIKODE,
           KERALA,
           PIN : 673 586.
           NOW RESIDING AT : VILLA NO. 07, NEAR AL QUSAIS METRO
           STATION, DUBAI,
           UNITED ARAB EMIRATES.
           PIN - 673586

          BY ADVS.
          RASSAL JANARDHANAN A.
          THAREEQ ANVER K.
          SHINTO MATHEW ABRAHAM
          GOVIND G. NAIR



RESPONDENT/S:
     1     UNION OF INDIA
           REPRESENTED BY THE MINISTRY OF EXTERNAL AFFAIRS, NEW
           DELHI, PIN - 110001

    2     CONSULATE GENERAL OF INDIA
          4 8TH ST - UMM HURAIR 1 - DUBAI - UNITED ARAB EMIRATES

    3     REGIONAL PASSPORT OFFICER
          REGIONAL PASSPORT OFFICE KOZHIKODE, ERANHIPALAM POST,
          KOZHIKODE, PIN - 673006

    4     STATION HOUSE OFFICER
          KODENCHERY POLICE STATION, KODENCHERY P.O, KOZHIKODE,
          KERALA, PIN - 673580

          GP SRI. SUNIL KUMAR KURIAKOSE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41736 OF 2022
                                     2

                              JUDGMENT

Petitioner is holder of an Indian passport bearing

No.R4195529 valid upto 13.11.2027 but during the first week of July

2022, lost his passport while traveling from Al Qusais to Burjman.

The FIR in this regard was already registered by Dubai Police. An

application dated 29.7.2020, Ext.P3 was preferred for reissuance of

the passport but the same is pending on the ground that the crime

case bearing No.248/2018 under Section 363 of Indian Penal Code

was registered.

2. Learned counsel appearing on behalf of the petitioner

submitted that the closure report dated 4.6.2021, Ext.P5 has been

already submitted, which is likely to be accepted and therefore it

cannot be any impediment for the passport authorities to issue a

fresh passport.

3. Learned counsel for the DSGI submits that since the

closure report has already been submitted, they would not be averse

in taking a call on the application of the petitioner.

Without expressing any opinion on the merits of the matter,

considering the fact that in a crime case No.248/2018, Refer report,

Ext.P5 has already been submitted, I dispose of the writ petition by

issuing directions to the respondents to take a call on the WP(C) NO. 41736 OF 2022

application as expeditiously as possible, preferably within a period

of 15 days from the date of receipt of a certified copy of this

judgment on the ground that the grandmother of the petitioner is

seriously ill.

Sd/-

sab                                       AMIT RAWAL
                                              JUDGE
 WP(C) NO. 41736 OF 2022


                 APPENDIX OF WP(C) 41736/2022

PETITIONER EXHIBITS

Exhibit1              THE TRUE COPY OF THE EVISA VALID

TILL09/02/2023 GRATED TO THE PETITIONER HEREIN BY THE FEDERAL AUTHORITY OF IDENTITY AND CITIZENSHIP, ABU DHABI DATED 11/12/2022.

Exhibit P2 THE TRUE COPY OF THE PASSPORT LOST CERTIFICATE DATED 22/07/2022 ISSUED BY THE DUBAI POLICE TO THE PETITIONER

Exhibit P3 THE TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER HEREIN DATED 29/07/2022 BEFORE THE 2ND RESPONDENT TO RE-ISSUE HIS PASSPORT

Exhibit P4 THE TRUE COPY OF PASSPORT FEE RECEIPT DATED 29/07/2022 ISSUED IN THE NAME OF THE PETITIONER HEREIN FOR PROCESSING THE APPLICATION FOR RE-ISSUING THE PASSPORT

Exhibit P5 THE TRUE COPY OF THE REFER REPORT FILED IN CRIME NO: 248/2018 OF KODENCHERY POLICE STATION DATED 04/06/2021BEFORE THE HON'BLE COURT OF ADDITIONAL DISTRICT & SESSIONS FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE TOWARDS WOMEN AND CHILDREN, KOZHIKODE

Exhibit P5(a) ENGLISH TRANSLATION OF EXHIBIT P5

Exhibit P6 THE TRUE COPY OFTHE ORDER PASSED BY THE HON'BLE COURT OF ADDITIONAL DISTRICT & SESSIONS FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE TOWARDS WOMEN AND CHILDREN, KOZHIKODE IN R.C NO. 10/2021 DATED 02/04/2022

Exhibit P7 THE TRUE COPY OF THE E-MAIL DATED 1/12/2022 SEND BY THE PETITIONER TO THE OFFICIAL E-MAIL ID OF THE 2ND RESPONDENT WP(C) NO. 41736 OF 2022

Exhibit P8(a) THE TRUE COPY OF THE REMINDER E-MAIL SEND BY THE PETITIONER DATED 3/12/2022 TO THE OFFICIAL E-MAIL ID OF THE 2ND RESPONDENT

Exhibit P8(b) THE TRUE COPY OF THE REMINDER E-MAIL SEND BY THE PETITIONER DATED 7/12/2022 TO THE OFFICIAL E-MAIL ID OF THE 2ND RESPONDENT

Exhibit P8(c) THE TRUE COPY OF THE REMINDER E-MAIL SEND BY THE PETITIONER DATED 09/12/2022 TO THE OFFICIAL E-MAIL ID OF THE 2ND RESPONDENT