Amina Shaji vs The Passport Officer
2022 Latest Caselaw 6142 Ker

                 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. 14693 OF 2022
PETITIONER:

              AMINA SHAJI
              AGED 30 YEARS
              D/O.SHAJI.S, ALI MANZIL,
              CHEMMATHOOR,PUNALUR,
              KOLLAM DISTRICT.

              BY ADVS.
              MANOJ RAMASWAMY
              CHINNU ROSE MARY THOMAS


RESPONDENTS:

     1        THE PASSPORT OFFICER
              REGIONAL PASSPORT OFFICE,
              GOVERNMENT OF INDIA,
              MINISTRY OF EXTERNAL AFFAIRS, KAITHAMUKKU,
              THIRUVANANTHAPURAM-695024.

     2        THE DISTRICT POLICE CHIEF
              KOLLAM RURAL, KOTTARAKKARA, KOLLAM DISTRICT-691506.

     3        STATION HOUSE OFFICER
              PUNALUR POLICE STATION, KOLLAM RURAL-691305.

              BY ADV MANU S., ASG OF INDIA



              SR.G.P. JUSTIN JACOB


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14693 OF 2022
                                           2


                                    JUDGMENT

The prayer in the writ petition is as under:

"i. A writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to issue passport to the petitioner.

ii. A writ of certiorari or other appropriate writ or order to call for the records leading to issuance of Exhibit P2 and quash the same.

Iii. Any other further relief or order as this Hon'ble Court may deem fit and proper to meet the ends of justice. iv. Award the cost of these proceedings."

2. Ex.P2 dated 04.04.2022 issued by the Passport Officer,

Regional Passport Office, Thiruvananthapuram, reveals that an FIR

No.1621/21 under Sections 294(b), 341, 323, 324, 326, 506 and

34 of IPC has been registered against the petitioner, but, it is in an

investigation stage and therefore, the application for issuance of

passport is pending consideration.

3. Adv.Krishna for ASGI accepts notice and submits that

since the Court has not taken the cognizance, passport authorities

will issue passport in terms of the provisions of Section 6 of the

Passport Act as the petitioner in this case would not be in a WP(C) NO. 14693 OF 2022

position to obtain the necessary permission from the concerned

court in the absence of any cognizance by the Judicial Magistrate.

In view of the above, I dispose of the writ petition by issuing

direction to the respondents to issue the passport as registration

of the offence would not brand the petitioner a convict as the

matter is at infancy stage. It is yet to be ascertained whether the

police would file the report under Section 173 of the Code of

Criminal Procedure or otherwise. Section 6 of the Passport Act

empowers the passport authority to issue the passport for a

limited period covering the situation as exists in this case. Let the

passport application be processed and passport be issued in

accordance with law within a period of one month from the date of

receipt of the copy of the judgment.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 14693 OF 2022

APPENDIX OF WP(C) 14693/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER

Exhibit P2 TRUE COPY OF THE LETTER VIDE NO.OBJ/312410753/22 DATED 04.04.2022 ISSUED BY THE 1ST RESPONDENT

Exhibit P3 TRUE COPY OF THE FIR NO.1621/21 DATED 24.12.2021 REGISTERED AT PUNALUR POLICE STATION, KOLLAM DISTRICT