P.V. Binu Nair vs The Union Of India
2023 Latest Caselaw 8730 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                    WP(C) NO.21026 OF 2023


PETITIONER:

           P.V.BINU NAIR, AGED 41 YEARS S/O.VASU PILLAI
           PAKKU KALAYIL HOUSE, EDASSERIMALA, ARANMULA. P.O
           KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT,
           PIN-689533, REPRESENTED BY THE POWER OF ATTORNEY
           HOLDER SINDHU.M. NAIR, WIFE OF C.R.MURALEEDHARAN
           NAIR, CHAMAKLAYIL HOUSE, NARANGANAM WEST.P.O,
           KOZHENCHERRY TALUK, PATHANAMTHITTA DIST,
           PIN - 689533

           BY ADVS.
           V.SETHUNATH
           V.R.MANORANJAN (MUVATTUPUZHA)
           OBEID ABDUL MAJEED
           SREEGANESH U.


RESPONDENTS:

    1      THE UNION OF INDIA,
           REPRESENTED BY THE SECRETARY TO MINISTRY OF
           EXTERNAL AFFAIRS, NEW DELHI, PIN - 110001

    2      PASSPORT RENEWING OFFICER, EMBASSY OF INDIA,
           BAHRAIN, BUILDING 1090, ROAD NO.2819, BLOCK
           NO.428, AL-SEEF, MANAMA, KINGDOM OF BAHRAIN
           REPRESENTED BY THE DEPUTY SOLICITOR GENERAL OF
           INDIA, KERALA HIGH COURT, ERNAKULAM, PIN - 682031

    3      THE REGIONAL PASSPORT OFFICER,
           THIRUVANATHAPURAM, PETTAH. P.O, PIN - 695001
 WP(C) No.21026 of 2023               2




     4       THE STATION HOUSE OFFICER,
             ARANMULA POLICE STATION, ARANMULA.P.O,
             PATHANAMTHITTA DISTRICT, PIN - 689533

             BY ADVS.
             SRI.S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA
             SRI.V.S.SREEJITH, GOVERNMENT PLEADER


      THIS    WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   09.08.2023,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.21026 of 2023               3




                                JUDGMENT

The petitioner is the holder of Ext.P2

Passport and he is working in Baharin. Since the

validity of the Passport expired, he has applied

for its renewal for coming back to India. However,

the 2nd respondent refused to renew the Passport on

the basis of the information received from the 4th

respondent that the petitioner is an accused in a

criminal case. The petitioner has, therefore,

approached this Court for a direction to

respondents 1 & 2 to renew his Passport urgently.

2. A statement has been filed on behalf of the

3rd respondent.

3. The learned Deputy Solicitor General of

India [DSGI], on instructions, submits that the

petitioner has been issued with an Emergency

Certificate, which is valid till January, 2024 for

the purpose of coming back to India.

3. Since the petitioner has been given

Emergency Certificate to return to India, it is

for the petitioner to approach the jurisdictional

Criminal Court and get appropriate order.

Recording the submission of the learned DSGI,

this writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/10/08/2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT-P1 COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER DATED 20-06-2019 EXHIBIT-P2 COPY OF THE PASSPORT ISSUED BY THE 3RD RESPONDENT DATED 17-10-2012 EXHIBIT-P3 COPY OF THE RESIDENT IDENTITY ISSUED BY THE MINISTRY OF INTERIOR, KINGDOM OF BAHRAIN EXHIBIT-P4 COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 25-01-2023 EXHIBIT-P5 COPY OF THE FIR & FIS IN CRIME NO.

1647/ 2018 OF ARANMULA POLICE STATION DATED 28-11-2018 EXHIBIT-P6 COPY OF THE FINAL REPORT SUBMITTED BY THE 4TH RESPONDENT DATED 12-12-2018 IN C.C.NO. 85/2019 ON THE FILE OF THE J.F.C.M, NO.I, PATHANAMTHITTA EXHIBIT-P7(A) COPY OF THE CASE STATUS IN C.C.NO.

85/2019 ON THE FILE OF THE J.F.C.M, NO.I, PATHANAMTHITTA EXHIBIT-P7(B) COPY OF THE CASE STATUS TAKEN FROM THE WEBSITE OF THE GRAMA NYAYALAYA, PANDALAM IN C.C.NO. 40/ 2022 EXHIBIT8 COPY OF THE NOTIFICATION ISSUED BY THE 1ST RESPONDENT DATED 25-08-1993 EXHIBIT-P9 COPY OF THE ORDER OF THIS COURT DATED 12-12-2022 IN CRL.M.APPL.NO.1/2022 IN CRL.A NO.757 OF 2014