Kerala High Court
Abhila Madhavan Nair vs Ministry Of External Affairs on 6 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 18665 OF 2024
PETITIONER:
ABHILA MADHAVAN NAIR,
AGED 30 YEARS
W/O SHIBU MOHAN, THULASI VILASAM,
MOONNUMUKKU, KIZHUVILAM P 0, ATTINGAL,
THIRUVANANTHAPURAM, PIN - 695101
BY ADVS.
V.S.NOWSHAD
R.MURALEEKRISHNAN
T.M.RESHMY
SITHARA.S
BINU K.B.
RESPONDENTS:
1 MINISTRY OF EXTERNAL AFFAIRS
REPRESENTED BY SECRETARY, 74 B SOUTH BLOCK
NEW DELHI, PIN - 110011
2 CONSULATE GENERAL OF INDIA
DUBAI U A E, POST BOX NO.737 PLOT NO.314,
ALHAMRIYA DIPLOMATIC ENCLAVE,
BUN DUBAI UAE, PIN - 737
3 THE PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, SNSM BUILDING, PETTA,
KARALKADA JUNCTION P0 KAITHAMUKKU,
THIRUVANANTHAPURAM, PIN - 695024
4 STATION HOUSE OFFICER
ATTINGAL POLICE STATION ATTINGAL,
THIRUVANANTHAPURAM, PIN - 695101
W.P.(C) No.18665/2024
:2:
BY ADV
SRI.T.C. KRISHNA, SENIOR CENTRAL GOVERNMENT
COUNSEL
SRI.S. GOPINATHAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.18665/2024
:3:
N. NAGARESH, J.
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W.P.(C) No.18665 of 2024
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Dated this the 6th day of June, 2024
JUDGMENT
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The petitioner, who is the wife of Shibu Mohan,
has filed this writ petition aggrieved by the attempt of
respondents 2 and 3 to impound the passport of the
petitioner's husband alleging that he has renewed his
passport suppressing material facts.
2. The petitioner states that her husband is holding a
valid passport. The petitioner's husband is working in UAE.
He is in Dubai since 2022.
3. The petitioner's husband renewed his passport at
Consulate General of India, Dubai on 21.09.2023. However,
on 16.01.2024, he was served with a show-cause notice of
the Passport Officer as to why the passport should not be
impounded under Sections 10(3)(b) and 10(3)(e) of the
Passports Act, 1967. In Ext.P2 show-cause notice, it was
alleged that the petitioner's husband suppressed material
information in respect of a criminal case in which he is an
accused.
4. The petitioner states that the petitioner's husband
was not aware of the criminal case as he was abroad and he
came to know of the criminal case only when he received
Ext.P2 show-cause notice. Therefore, there is no
suppression of criminal case warranting impounding of the
passport.
5. The petitioner stated that the criminal case foisted
against her husband is a frivolous case and the 4 th
respondent-Station House Officer has submitted an
Undetected Report (UN Report) before the Judicial First
Class Magistrate's Court-I, Attingal.
6. To the show-cause notice, the petitioner's
husband submitted Ext.P5 reply. The respondents have not
cared to consider the reply.
7. I have heard the learned counsel for the petitioner,
the learned Senor Panel Counsel representing respondents
1 to 3 and the learned Government Pleader appearing for the
4th respondent.
8. The petitioner's husband is an accused in Crime
No.1105/2022 of Attingal Police Station. The offence alleged
against the petitioner's husband is under Section 420 IPC.
Ext.P4 would indicate that serious allegations are made
against the petitioner's husband by the de facto complainant.
The petitioner's husband has not turned up before the
investigating agency for an effective investigation in the
matter. Ext.P4 UN Report would indicate that the
investigation could not be proceeded with as the petitioner's
husband is abroad. In such circumstances, since filing of UN
Report itself is also due to the absence of the petitioner's
husband, the petitioner cannot be heard to contend that the
proposal to impound the passport of her husband is illegal.
In the circumstances, I do not find any reason to
set aside Ext.P2 proceedings. The writ petition is therefore
dismissed. This will be without prejudice to the right of the
petitioner's husband to come to India on Emergency
Certificate and to obtain necessary orders from the
competent court, to go abroad.
Sd/-
N. NAGARESH, JUDGE
aks/05.06.2024
APPENDIX OF WP(C) 18665/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF
PASSPORT OF SHIBU
Exhibit P2 A TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE OFFICER OF THE 3RD
RESPONDENT'S OFFICE DATED 16/01/2024
Exhibit P3 A TRUE COPY OF FIR IN CRIME
NO.1105/2022 OF ATTINGAL POLICE
STATION
Exhibit P4 A TRUE COPY OF THE UNDETECTED REPORT
(UN REPORT) SUBMITTED BY THE 4TH
RESPONDENT BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT 1, ATTINGAL
Exhibit P5 A TRUE COPY OF THE EXPLANATION DATED
17/01/2024 SUBMITTED BY THE
PETITIONER'S HUSBAND
