Shahabudeen Nazar vs The Regional Passport Office, ...
2022 Latest Caselaw 6108 Ker

WP(C) No.3996/2022                       1/5

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE AMIT RAWAL
             Wednesday, the 1st day of June 2022 / 11th Jyaishta, 1944
                               WP(C) NO. 3996 OF 2022
   PETITIONER:

          SHAHABUDEEN NAZAR, S/O.SHAHABUDHEEN.M., AGED 49 YEARS, HOUSE
          NO.36/38/4, SHIBIRAM, KARALI ROAD, PERUNTHANNI, VALLAKKADAVU POST,
          THIRUVANANTHAPURAM DISTRICT-695 008, PRESENTLY RESIDING AT:
          TC-89/679(2), GVRRA-A50(1), BEACH POST, THIRUVANANTHAPURAM
          DISTRICT-695 007.

   RESPONDENTS:

      1. THE REGIONAL PASSPORT OFFICE, TRIVANDRUM, SNSM BUILDING, KARALKADA
         JUNCTION, PETTAH P.O., TRIVANDRUM-695 024, KERALA, REPRESENTED
         THROUGH ITS REGIONAL PASSPORT OFFICER.
      2. THE REGIONAL PASSPORT OFFICER, THE REGIONAL PASSPORT OFFICE,
         TRIVANDRUM SNSM BUILDING, KARALKADA JUNCTION, PETTAH P.O.,
         TRIVANRUM-695 024, KERALA.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the 2nd respondent to consider and pass orders on
   Exhibit P5 representation in tune with the dictum laid down in Exhibit P8
   judgment; within a time - frame deemed fit by this Honourable Court,
   pending disposal of this Writ Petition.

        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   27.05.2022 and this Court's judgment dated 24.02.2022 and upon hearing the
   arguments of M/S.AJIT G ANJARLEKAR, GOVIND PADMANAABHAN, G.P.SHINOD & ATUL
   MATHEWS, Advocates for the petitioner, and of ASSISTANT SOLICITOR GERNERAL
   OF INDIA for respondents, the court passed the following:
 WP(C) No.3996/2022                                    2/5




                                         AMIT RAWAL, J.
                                 =================
                                     WPC.No.3996 of 2022
                              =====================
                              Dated this the 1st day of June, 2022

                                               ORDER

This Court while disposing of the writ petition issued the

following directions:

"4. I direct the respondent Passport authority to take a call on the application of the petitioner for issuance of the passport in terms of the judgment Ext.P8 and the untraced report Ext.P7 dated 04.05.2015. Petitioner is also at liberty to place on record similar orders passed after 04.05.2015 reflecting the status of the crime case pending before the Magistrate, if any, and also approach the Magistrate for taking appropriate action to bring it to a logical end. The passport authorities shall take endeavour within a period of 15 days from the date of receipt of a certified copy of the judgment.

Writ petition stands disposed off with the aforementioned observations.

Government Pleader is directed to ascertain and sensitize this Court as to why such delay is being caused in bringing the criminal proceedings to a logical end by awaiting the final report for years together. For that limited purpose, this matter is posted to 01.04.2022."

2. Thereafter on 27.05.2022 passed the following order:

"This Court while disposing of the writ petition in the penultimate paragraph had observed as under:

Government Pleader is directed to ascertain and sensitize this Court as to why such delay is being caused in bringing WP(C) No.3996/2022 3/5

WPC.No.3996 of 2022

the criminal proceedings to a logical end by awaiting the final report for years together. For that limited purpose, this matter is posted to 1.4.2022.

2. Today, the counsel representing the State is not in a position to apprise the aforesaid. I deem it appropriate to direct the Advocate General to appear in this Court on 1.6.2022 to apprise this Court as to;

I. How many reports are awaited.

II. what follow up action is being taken by the Police in receiving the report in order to avoid grant of default bail under Section 167 of the Code of Criminal Procedure. I. What difficulty police is facing in not enclosing the FSL report while fling the final report under Section 173 of the Code of Criminal Procedure. "

Advocate General of Kerala appeared and filed the

statements showing the particulars of the number of the FSL in

the entire kerala State Regional and District wise. This Court has

also been apprised of the fact that Kerala State Legal Services

Authority has filed a public interest litigation in this Court W.P.

(C).No.16773/2020 where an affidavit has been filed regarding

the pendency of the cases and with FSL's reflection of staff

shortage. Since the matter is pending consideration before the 1 st

Division Bench, I deem it appropriate to direct the Registry to WP(C) No.3996/2022 4/5

WPC.No.3996 of 2022

attach the copy of the order in the pending writ petition for

effectual adjudication after obtaining the order from Hon'ble Chief

Justice.

The statement is taken on record. The same shall be part

and parcel of the pending public interest litigation for perusal.

Sd/-

                                                       AMIT RAWAL, JUDGE
                naksa




01-06-2022                         /True Copy/                        Assistant Registrar
 WP(C) No.3996/2022                 5/5

                      APPENDIX OF WP(C) 3996/2022
Exhibit P7           A TRUE COPY OF THE UD REPORT DATED 04.05.2015 FILED BY

THE SHO, MUSEUM POLICE STATION WITH TRANSLATION

Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 30.09.2021 OF THIS HONOURABLE COURT IN WPC NO.15182 OF 2021.