Kerala High Court
Aqthar vs State Of Kerala on 5 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
CRL.MC NO. 5770 OF 2023
AGAINST THE ORDER/JUDGMENT IN CC 727/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS - I, OTTAPPALAM
PETITIONER/PETITIONER:
AQTHAR
AGED 27 YEARS
MARAKKANTHODI HOUSE, THRIKKADERI II VILLAGE, MANGODE,
PALAKKAD DISTRICT, PIN - 679503
BY ADVS.
VISHNU BHUVANENDRAN
B.ANUSREE
RESHMA UNNIKRISHNAN
MIRAL K.JOY
RESPONDENT/RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
2 REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, KOCHI, SHIHAB THANGAL ROAD,
NEAR IDBI CORPORATE BRANCH, PANAMPILLY NAGAR, KOCHI,
ERNAKULAM, KERALA ( IS IMPLEADED AS ADDITIONAL 2ND
RESPONDENT AS PER ORDER DATED 27/7/23 IN CRL.M.A. 01/23
IN CRL.MC 5770/23 )
BY ADV.
SMT.SEENA. C, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5770 of 2023
2
P.V.KUNHIKRISHNAN, J.
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Crl.M.C.No.5770 of 2023
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Dated this the 05th day of September, 2023
ORDER
The above Criminal Miscellaneous Case is filed
with the following prayers:
"To modify Annexure V order on the file
Judicial First Class Magistrate Court-I, Ottapalam
by directing the passport authority not to fix any
time limit while issuing passport to the petitioner
and to further direct the Passport Authority to
issue a passport to the petitioner without any time
limit being fixed on it, to secure the ends of
justice."
2. Petitioner is arrayed as 2nd accused in
C.C.No.727/2018 on the file of the Judicial First
Class Magistrate Court-I, Ottapalam, Palakkad
District. Petitioner filed Crl.M.P.No.6341/2023
Crl.M.C.No.5770 of 2023
before the court below to pass an order directing
the Regional Passport Officer, Cochin to issue a
Passport to the petitioner by exempting the
petitioner from Section 6(2) (f) of the Passport Act,
1967. The learned Magistrate as per Annexure V
order, directed the passport authority to renew the
passport of the petitioner for a period of five years.
It is submitted that the petitioner wants a passport
without fixing any time limit because unless such a
passport is not obtained, he will not get better jobs.
3. This Crl.M.C. is filed under Section 482 of
the Cr.P.C. to quash Annexure-V order passed in
Annexure-IV petition. A perusal of Annexure-IV
petition would not show that, petitioner wants a
passport without fixing any time limit for getting
the job. Invoking the powers under Section 482
Cr.P.C., this Court can not issue a direction to the
Crl.M.C.No.5770 of 2023
Regional Passport Officer to issue a passport
without a time limit, when such a prayer is not
raised before the lower court.
Therefore, this Crl.M.C. is closed granting
liberty to the petitioner to file a fresh petition
before the lower court narrating the grievance
raised before this Court and in the event of
receiving such a petition, the learned Magistrate
will consider the same untrammeled by the
directions in Annexure-V order.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
Crl.M.C.No.5770 of 2023
APPENDIX OF CRL.MC 5770/2023
PETITIONER ANNEXURES
ANNEXURE-I TRUE COPY OF THE ORDER DATED
07.01.2020 IN CRL M.P 82/2020 IN
CC 727/2018 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I.
ANNEXURE-II TRUE COPY OF THE ORDER DATED
05.03.2020 IN CRL.M.C NO.1930/2020
OF THIS HONOURABLE COURT.
ANNEXURE-III TRUE COPY OF THE RELEVANT PAGES OF
THE PASSPORT PERTAINING TO THE
PETITIONER.
ANNEXURE-IV TRUE COPY OF THE PETITION DATED
06.07.2023 FILED BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE
COURT-I, OTTAPALAM AS CRL M.P
NO.6341/2023 IN CC NO.727/2018.
ANNEXURE-V TRUE COPY OF THE ORDER DATED
12.07.2023 IN CRL M.P 6341/2023 IN
CC 727/2018 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I,
OTTAPALAM.
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
