Sooraj.P vs The Regional Passport Officer
2024 Latest Caselaw 10629 Ker

Kerala High Court

Sooraj.P vs The Regional Passport Officer on 11 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                    WP(C) NO. 13908 OF 2024
PETITIONER:

         SOORAJ.P,
         AGED 37 YEARS
         S/O. PUSHKARAN V.B GARDEN FLAT NO.2
         BLOCK-4 WEST KAKKANAD P.O CHEMBUMUKKU,
         PIN - 682030

         BY ADVS.
         SADCHITH.P.KURUP
         C.P.ANIL RAJ
         SIVA SURESH
         B.SREEDEVI
         ATHIRA VIJAYAN


RESPONDENTS:

    1    THE REGIONAL PASSPORT OFFICER
         REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD,
         PANAMPILLY NAGAR, KOCHI, PIN - 682036
    2    MINI CHARLES
         W/O CHARLES JOSEPH V.B GARDEN, G3, BLOCK 1 WEST
         KAKKANAD P.O CHEMBUMUKKU, PIN - 682030

         BY ADV KRISHNA T C


     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 11.04.2024,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.13908 of 2024
                              2




                         JUDGMENT

Dated this the 11th day of April, 2024

The petitioner states that he is a former President of

V.B. Garden Resident Association (2021-2022). During the

tenure of the petitioner, the 2 nd respondent was involved in

Crime No.384/2022 of Thrikkakkara Police Station under

Sections 460, 420 and 34 of the Indian Penal Code.

2. The petitioner states that the 2nd respondent has

obtained a Passport suppressing the criminal case pending.

The petitioner has made a complaint in this regard before the

1st respondent-Regional Passport Officer. The 1 st respondent

has not taken any action to cancel the Passport of the

2nd respondent obtained suppressing the pendency of criminal

case.

3. Senior Panel Counsel, Government of India

entered appearance and resisted the writ petition. The Senior

Panel Counsel submitted that along with the complaint, the

petitioner has only forwarded FIR. No further materials are

available. It is not known whether the FIR has culminated into

a Final Report and whether a charge sheet has been filed

against the 2nd respondent. In view of the above, unless the

petitioner provides further materials, no action can be taken

as Passport has already been granted.

4. Taking into consideration the afore facts, I am of

the view that to prosecute this case, the petitioner has to

submit further materials in order to establish that a charge

sheet has been filed against the 2nd respondent.

Grating liberty to the petitioner to do so, the writ petition

is disposed of.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 13908/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE FIR DATED 22.04.2022 IN CRIME NO.384/22 THRIKAKKARA POLICE STATION Exhibit P2 A TRUE COPY OF THE COMPLAINT DATED 02.02.2024 GIVEN BY THE PETITIONER OT THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE POSTAL RECEIPT DATED 2.02.2024