Anwarsha vs State Of Kerala
2023 Latest Caselaw 10781 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                  CRL.MC NO. 1296 OF 2023
   AGAINST THE ORDER/JUDGMENT CMP 118/2023 OF JUDICIAL
           MAGISTRATE OF FIRST CLASS -II, KOLLAM


PETITIONERS/PETITIONER/ACCUSED:

          ANWARSHA
          AGED 52 YEARS, S/O SHAMSUDHEEN,
          ALINTE KIZHAKKATHIL VEEDU, PERINGALA,
          KAYAMKULAM, ALAPPUZHA, PIN - 683565
          BY ADVS.
          BASIL CHANDY VAVACHAN
          CHARUTHA BHAIJU
          GEORGIE SIMON
          CHANDHANA BHAIJU
          BASIL SAJAN
          BASIL SCARIA


RESPONDENT/RESPONDENT/STATE:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682031
    2     THE CHIEF PASSPORT OFFICER,
          P.S.P DIVISION, MINISTRY OF EXTERNAL AFFAIRS,
          ROOM NO.27, PATIALA HOUSE, TILAK MARG, NEW DELHI
          110001 (IS IMPLEADED AS ADDITIONAL 2ND
          RESPONDENT AS PER ORDER DATED 04.04.2023 IN
          CRL.MA.1/2023 IN CRL.M.C.1296/2023)
 CRL. M.C. NO.1296 OF 2023


                                2


          BY ADVS.
          SRI. MANU S. DSG OF INDIA
          SRI.RENJITH.T.R, PP




      THIS   CRIMINAL   MISC.       CASE   HAVING   COME   UP   FOR
ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 CRL. M.C. NO.1296 OF 2023


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               P.V.KUNHIKRISHNAN, J.
               --------------------------------
              Crl.M.C. No. 1296 of 2023
        ----------------------------------------------
      Dated this the 19th day of October, 2023



                        ORDER

This Criminal Miscellaneous Case is filed

challenging Annexure-4 order. It is an order

passed in an application filed by the petitioner for

returning his passport bearing Registration

No.Z3129087. The learned Magistrate dismissed

the same by stating that the passport is necessary

for the purpose of investigation and trial.

Aggrieved by the same, this Criminal

Miscellaneous Case is filed.

CRL. M.C. NO.1296 OF 2023

2. Heard the learned counsel appearing for

the petitioner and the learned Public Prosecutor.

3. The counsel for the petitioner submitted

that the petitioner obtained a passport in the year

1998 and the prosecution case is that the

petitioner obtained this passport by giving a fake

address. The petitioner subsequently renewed

the passport and that passport is also

surrendered. Subsequently again the passport

was renewed, is the submission. Therefore, the

disputed passport and the renewed passport are

before the trial court and the learned Magistrate

has not considered that aspect while considering

the 451 CR.P.C. application, is the submission.

4. This Court directed the Registry to get a

report from the trial court about the contentions CRL. M.C. NO.1296 OF 2023

raised by the petitioner. A report is submitted by

the trial court. It will be better to extract the

relevant portion of the same;

"With reference to the subject and references cited above, I may humbly submit the following facts for kind consideration.

FIR in crime 1002/2019 was filed against the accused one Mr. Anwarsha, S/o Shamsudheen by SHO, Eravipuram police station, Kollam u/ss.468,471,419 and 420 IPC and u/s. 12(1)(b) of Passport Act. On 06.02.2022 the Assistant Commissioner of police, Kollam filed report to consider the case as undetected but later the case was reopened and accused was arrested and produced on 23.07.2022. Two passport and one boarding pass in respect of the accused was produced before this court in form no.15 on 26.07.2022. I may humbly submit that two passport one bearing no.G435713(cancelled) and Z3129087 of Shamsudheen Anwarsha is kept under safe custody in this court.

This report is placed before your goodself for kind consideration."

5. From the report also, it is clear that, in CRL. M.C. NO.1296 OF 2023

the two passports, one which is already cancelled

and another passport bearing no.Z3129087 of the

petitioner is in the safe custody of the trial court.

If that be the case, the cancelled passport which

is the subject matter in the case need not be

retained and the other can be released. To

facilitate the learned Magistrate to pass fresh

orders, the impugned order can be set aside.

Therefore, this Criminal Miscellaneous Case is

disposed of with the following directions;

1. Annexure-4 order is set aside.

2. The Judicial First Class Magistrate

Court - II, Kollam is directed to

reconsider CMP No.118/2023 in Crime

No.1002/2019, in the light of the

observation in this order, forthwith.

CRL. M.C. NO.1296 OF 2023

3. The petitioner will produce the

consequential order passed by the

learned Magistrate before the Passport

authorities also.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE CRL. M.C. NO.1296 OF 2023

APPENDIX OF CRL.MC 1296/2023

PETITIONER ANNEXURES ANNEXURE-1 THE TRUE COPY OF THE FIR IN CRIME NO. 1002/2019 OF ERAVIPPURAM POLICE STATION.

ANNEXURE-2 THE TRUE COPY OF THE CURRENT PASSPORT OF THE PETITIONER BEARING NO. Z3129087 ANNEXURE-3 THE TRUE COPY OF THE CMP NO.

118/2023 OF JFCM-II COURT, KOLLAM. ANNEXURE-4 THE ORIGINAL OF THE ORDER DATED 16/01/2023 OF CMP NO.118/2023 IN CRIME NO. 1002/2019.

RESPONDENTS EXHIBITS        :NIL


           //TRUE COPY//    PA TO JUDGE