Kerala High Court
Tino Abraham vs Regional Passport Office Trivandrum on 12 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15032 OF 2024
PETITIONER:
TINO ABRAHAM
AGED 38 YEARS
S/O. ABRAHAM MATHEW KANNAKUZHIYIL
NADUKKETHIL, OTHERA P.O. TIRUVALLA,
PATHANAMTHITTA, PIN - 689551
BY ADVS.
K.DHRUV KUMAR
M.K.CHANDRA MOHANDAS
SHAKTHI PRAKASH
HARIKRISHNAN M.S.
RESPONDENTS:
1 REGIONAL PASSPORT OFFICE TRIVANDRUM
SNSM BUILDING, KARALKADA JUNCTION,
PETTAH P.O., TRIVANDRUM, PIN - 695024
2 REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, SNSM BUILDING,
KARALKADA JUNCTION, PETTAH P.O.,
TRIVANDRUM, PIN - 695024
BY ADV
SRI.T.C. KRISHNA, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.15032 of 2024
2
JUDGMENT
Dated this the 12th day of April, 2024
The petitioner is before this Court seeking to direct the
respondents to consider Ext.P3 application and reissue a
Passport with normal validity to the petitioner, pending
disposal of the writ petition.
2. The petitioner is an Indian citizen and holder of
Passport No.U4842489. He was working in the United
Kingdom as a registered Nurse. While he remained abroad,
certain issues regarding the partition of assets arose in his
wife's family and the petitioner was arraigned as an accused
in two Crimes of Ranni Police Station numbered as 1004/2023
and 1064/2023 respectively.
3. This Court had granted anticipatory bail to the
petitioner in both the Crimes. Both the FIRs are in crime stage
and Final Reports have not been filed yet. The allegations
levelled are baseless and the present Crimes have been filed
with the sole intention to coerce the petitioners into
succumbing to the illegal demands of the defacto complainant
with regard to the family property. The petitioner wishes to go
back to the United Kingdom. The petitioner has obtained
permission from the jurisdictional Magistrate's Court in
compliance with the bail condition in Crime No.1064/2023.
4. The respondents have not considered Ext.P6
representation submitted by the petitioner. The respondents
are insisting on furnishing permission from the Magistrate's
Court in the other Crime as well. It has been held by this Court
in Muhammed v. Union of India and others [2018 (4) KHC
945] that a criminal proceeding is pending only when
cognizance is taken and in the absence of a Final Report filed
in court, a criminal case cannot be treated as pending. It was
also held that mere registration of a Crime does not invoke
either Section 6 or Section 10 of the Act and the police
verification report must mention the stage of the Crime,
contends the petitioner.
5. I have heard the learned counsel for the petitioner
and the learned Senior Panel Counsel Sri.T.C. Krishna
representing the respondents.
6. The pleadings in the writ petition would indicate
that there are two Crimes registered against the petitioner.
The counsel submits that Crime No.1004/2023 of Ranni
Police Station has been referred. As regards Crime
No.1064/2023 of Ranni Police Station, by Ext.P5 order, the
Magistrate has granted permission to the petitioner to go
abroad for a period of three years. It is, however, to be noted
that the said Crime No.1064/2023 is also in the crime stage
and no Final Report has been published.
7. In the afore circumstances, I am of the view that
the petitioner's Ext.P3 application for reissuance of Passport
for the normal duration can be considered by the Passport
Officer. This is so because Final Reports have not been filed
in both the Crimes.
The writ petition is accordingly disposed of directing the
respondents to consider Ext.P3 application for reissuance of
the Passport of the petitioner and reissue the same for normal
duration, if the petitioner satisfies all other parameters. This
shall be done within a period of two weeks.
Sd/-
N.NAGARESH
JUDGE
spk
APPENDIX OF WP(C) 15032/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF ORDER OF THIS HON'BLE
COURT DATED 12/12/2023 IN B.A.
Exhibit-P2 TRUE COPY OF ORDER THE HON'BLE HIGH
COURT OF KERALA DATED 10/01/2024 IN
Exhibit-P3 TRUE COPY OF PASSPORT APPLICATION FORM
DATED NIL
Exhibit-P4 TRUE COPY OF 'CONDITIONAL OFFER OF
EMPLOYMENT' IN FAVOUR OF THE
PETITIONER DATED 25/01/2024
Exhibit-P5 TRUE COPY OF THE ORDER OF THE JUDICIAL
FIRST-CLASS MAGISTRATE, RANNI DATED
04/04/2024 IN CMP NO.1807/2024
Exhibit-P6 TRUE COPY OF THE REPRESENTATION DATED
08/04/2024 SUBMITTED BY THE PETITIONER
Exhibit-P7 TRUE COPY OF INTIMATION DATED
08/04/2024 ISSUED BY THE 1ST
RESPONDENT
