Kerala High Court
Assainar vs State Of Kerala on 12 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
CRL.MC NO. 3369 OF 2024
CRIME NO.226/2019 OF Edakkara Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED 06.04.2024 IN CC NO.609 OF 2019
OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NILAMBUR
PETITIONER/PETITIONER/ACCUSED NO.1:
ASSAINAR
AGED 40 YEARS
S/O. ALAVI HAJI, ANAPATTATH HOUSE, VAZHIKKADAVU,
MAMAKARA, NILAMBUR, PIN - 679333.
BY ADV E.C.AHAMED FAZIL
RESPONDENTS/RESPONDENTS/STATE/PASSPORT AUTHORITY:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031.
2 THE STATION HOUSE OFFICER
EDAKKARA POLICE STATION, MALAPPURAM DISTRICT, PIN -
679331.
3 THE PASSPORT OFFICER, KOZHIKODE
REGIONAL PASSPORT OFFICE, ERANHIPALAM, KOZHIKODE, PIN -
673006.
SMT. SREEJA V. - PUBLIC PROSECUTOR
SR. PANEL COUNSEL - T.C KRISHNA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3369 OF 2024
2
BECHU KURIAN THOMAS, J.
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Crl.M.C. No. 3369 of 2024
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Dated this the 12th day of April, 2024
ORDER
Petitioner is the accused in C.C.No. 609/2019 on the files
of the Judicial First Class Magistrate's Court, Nilambur. During
the pendency of the above criminal case, the petitioner's
passport expired, and he applied for reissue of the passport. The
learned Magistrate by Annexure A2 order, granted permission to
renew the passport for a period of one year. Petitioner intends to
travel on a pilgrimage, and it is submitted that the visa will be
issued only if the passport has a validity atleast upto
31-07-2025. Accordingly, the petitioner filed another application
as Crl.M.P.No.1107 of 2024 for permission to extend the validity
of the passport. However, the learned Magistrate has dismissed
the said application by the impugned order.
2. After having heard the counsel for the petitioner as well
as the learned Public Prosecutor and Senior Panel Counsel for
the Central Government, I am of the view that this Crl.M.C. can
be disposed of.
3. Since the learned Magistrate has already granted
permission for the renewal of the passport, I am of the view that
CRL.MC NO. 3369 OF 2024
the passport can be permitted to be renewed for a period of three
years, provided the petitioner makes an application and is
otherwise eligible.
Crl.M.C. is disposed of as above.
BECHU KURIAN THOMAS
JUDGE
AJM
CRL.MC NO. 3369 OF 2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 226 OF 2019 OF
EDAKKARA POLICE STATION DATED
18.09.2019.
Annexure A2 TRUE COPY OF THE ORDER DATED
08.01.2024 IN CMP NO. 6043 OF 2023
IN CC NO. 609 OF 2019 PASSED BY THE
JUDICIAL FIRST CLASS MAGISTRATE
COURT, NILAMBUR.
Annexure A3 TRUE COPY OF THE RELEVANT EXTRACT
OF PASSPORT OF PETITIONER BEARING
NO. B9982477 DATED 17.01.2024
ISSUED FROM PASSPORT OFFICE,
KOZHIKODE.
Annexure A4 TRUE COPY OF THE COMMUNICATION
DATED 28.03.2024 ISSUED BY AL MANAR
HAJJ CELL, KOZHIKODE.
Annexure A5 TRUE COPY OF THE APPLICATION DATED
01.04.2024 IN CMP NO. 1107 OF 2024
IN CC NO. 609 OF 2019 ON THE FILES
OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, NILAMBUR.
Annexure A6 TRUE COPY OF THE ORDER DATED
06.04.2024 IN CMP NO. 1107 OF 2024
IN CC NO. 609 OF 2019 PASSED BY
JUDICIAL FIRST CLASS MAGISTRATE
COURT, NILAMBUR.
