Sunil K P vs Passport Officer
2024 Latest Caselaw 495 Ker

Kerala High Court

Sunil K P vs Passport Officer on 4 January, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 4TH DAY OF JANUARY 2024 / 14TH POUSHA, 1945
                 WP(C) NO. 42369 OF 2023
CRIME NO.1292/2016 OF PUDUKKAD POLICE STATION, THRISSUR
PETITIONER:

         SUNIL K P
         AGED 40 YEARS
         S/O KOLLIKKARA PANKAJAKSHAN MANI,
         KOLLIKKARA HOUSE, NANDIPULAM P.O,
         THRISSUR, PIN - 680 302.

         BY ADVS.
              ANEESH K.R
              SAURAV B.


RESPONDENTS:

    1    PASSPORT OFFICER
         REGIONAL PASSPORT OFFICE,
         PANAMPILLY NAGAR P.O. COCHIN,
         PIN - 682 036.

    2    STATION HOUSE OFFICER
         PUDUKAD POLICE STATION,
         THRISSUR, PIN - 680 301.

         BY
               S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA
               S.GOPINATHAN, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 04.01.2024, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.42369 of 2023
                                :2:




                            JUDGMENT

Dated this the 4th day of January, 2024

The petitioner approached this Court aggrieved by the

denial of passport by the 1 st respondent-Passport Officer on the

ground that a crime is pending against the petitioner.

2. The petitioner is relying on Ext.P2 and points out that

the case against the petitioner has been stopped under Section

258 Cr.P.C, which in fact amounts to discharge of the petitioner.

Therefore, there is no reason for the 1 st respondent-Passport

Officer not to issue a passport to the petitioner.

3. Ext.P2 is the proceedings in CC No.4734/2016

(Crime No.1292/2016 of Irinjalakuda Police Station) on the file of

the Judicial First Class Magistrate's Court-I, Irinjalakuda. The

proceedings would indicate that the Judicial First Class

Magistrate's Court-I, Irinjalakuda on 30.11.2017 has stopped

proceedings in CC No.4734/2016 under Section 258 Cr.P.C.

4. Section 258 Cr.P.C. provides that in any summons

case instituted otherwise than upon complaint, a Magistrate of

the First Class or, with the previous sanction of the Chief Judicial

Magistrate, any other Judicial Magistrate, may, for reasons to be

recorded by him, stop the proceedings at any stage without

pronouncing any judgment and where such stoppage of

proceedings is made after the evidence of the principal

witnesses has been recorded, pronounce a judgment of

acquittal, and in any other case, produce the accused, and such

release shall have the effect of discharge.

5. A reading of Section 258 would make it clear that

stoppage of proceedings if made after the evidence of the

principal witnesses, the Magistrate can pronounce a judgment of

acquittal and in any other case, release the accused and such

release shall have the effect of discharge.

6. An order under Section 258 amounts to stoppage of

proceedings the Magistrate can stop the proceedings under the

Section where the presence of the accused cannot be secured

or where the presence of any important witness cannot be

secured by the prosecution. Section 258 permits the court to

stop the proceedings.

7. Deputy Solicitor General of India representing the 1 st

respondent-Passport Officer submits that Ext.P2 has been taken

note of and steps have been taken to issue passport to the

petitioner. Therefore, no mandatory direction is necessary in this

writ petition.

Taking into consideration Ext.P2 proceedings of the

Judicial First Class Magistrate's Court-I, Irinjalakuda, the writ

petition is disposed of directing the 1st respondent-Passport

Officer to conclude the processing of the petitioner's application

for passport within a period of two weeks from today.

Sd/-

N. NAGARESH JUDGE AMR

APPENDIX OF WP(C) 42369/2023

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE LETTER DATED 15.11.2023 WITH REF NO SCN/316223891/2023 OF FILE NO CO5075857832123 ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS DATED 30.11.2017 IN ST NO 4734/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT IRINJALAKUDA.

Exhibit P3 THE TRUE COPY OF THE REPLY LETTER DATED 28.11.2023 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE POSTAL RECEIPT DATED 30.11.2023 ISSUED BY THE POSTAL DEPARTMENT.