Kerala High Court
Abdul Latheef M vs The Regional Passport Officer on 6 March, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 232 OF 2022
PETITIONER:
ABDUL LATHEEF M.
AGED 27 YEARS
S/O.MUHAMMED IBRAHIM U.K., MALAYARIKKATHU,
KADANGODE, CHERUVATHUR P.O.,
KASARAGOD DISTRICT.
BY ADVS.
T.K.VIPINDAS
RAMADEVI.P
RESPONDENT
THE REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, KOZHIKODE,
PIN - 673 006.
SRI.S.MANU-DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.232 OF 2022
2
JUDGMENT
Dated this the 6th day of March, 2024
The petitioner, who is holder of an Indian Passport,
seeks to quash Ext.P1 and to direct the respondent to keep
all proceedings initiated as per Ext.P1 in abeyance till the
disposal of Ext.P2 Criminal Miscellaneous Case on the file of
this Court.
2. The petitioner states that he is holder of a
Passport. The Passport was renewed from time to time.
While so, the petitioner was served with Ext.P1 notice of the
Regional Passport Officer stating that there is an adverse
Police Verification Report against the petitioner, which
shows that the petitioner is involved in Crime No.127/2018 of
Chandera Police Station. The petitioner was required to
show cause as to why action should not be taken to impound
the Passport dated 03.11.2021 of the petitioner under
Section 10(3)(b) of the Passports Act, 1967.
WP(C) NO.232 OF 2022
3. The petitioner submits that during the validity of a
previous Passport, the crime was registered against the
petitioner. The petitioner had filed a Criminal Miscellaneous
Case to quash the crime against the petitioner. These
incidents happened during the Covid-19 pandemic time. The
petitioner was under the bona fide impression that this Court
has quashed the proceedings against him. That is the
reason for not disclosing pendency of the crime at the time
of renewal of application.
4. The petitioner submitted that this Court
considered Crl.M.C. No.4556 of 2019 filed by the petitioner
and the proceedings against the petitioner stand quashed. In
view of the order of this Court in Crl.M.C. No.4556 of 2019,
the grounds for issuing Ext.P1 Show-cause Notice no more
subsist. Taking into consideration the afore facts, the
respondent is compellable to drop the proceedings initiated
against the petitioner under Ext.P1.
WP(C) NO.232 OF 2022
5. Deputy Solicitor General of India entered
appearance and resisted the writ petition. The Deputy
Solicitor General of India pointed out that at the time of
renewal of Passport application, a crime was pending
against the petitioner and there was an adverse Police
Verification Report. This is a clear instance of suppression of
material facts at the time of making an application to the
Passport Authority. Ext.P1 Show-cause Notice is therefore
fully justified, contended the Deputy Solicitor General of
India.
6. I have heard the learned counsel for the petitioner
and the learned Deputy Solicitor General of India
representing the respondent.
7. From the pleadings it is evident that the validity of
the petitioner's Passport was to expire in 2021. The
petitioner made an application for renewal of Passport.
Ext.P1 would disclose that a Police Verification Report was
obtained. According to the Deputy Solicitor General of India,
WP(C) NO.232 OF 2022
the Passport application was made under Tatkal Scheme.
Subsequently, when a Police Verification Report was
received, it was found that the petitioner was involved in
Crime No.127 of 2018 under Sections 143, 147, 148, 341,
323 and 324 read with Section 140 IPC of Chandera Police
Station.
8. The case was registered in the Judicial First Class
Magistrate's Court-I, Hosdurg as C.C. No.715 of 2019. It is
based on the Police Verification Report that the respondent
has issued Ext.P1 seeking to take action under Section
10(3)(b) of the Passports Act, 1967. The fact remains that
during this period, the petitioner had approached this Court
filing Crl.M.C.No.4556 of 2019 seeking to quash the criminal
case pending against the petitioner.
9. This Court, after hearing the case in detail,
passed an order dated 04.02.2022 in Crl.M.C. No.4556 of
2019 quashing the criminal proceedings against the
petitioner. The specific case of the petitioner is that the
WP(C) NO.232 OF 2022
incidents occurred during the Covid-19 pandemic and the
petitioner was under the bonafide impression that this Court
had quashed the criminal proceedings at the time of making
an application.
10. Taking into consideration the afore facts, I am of
the view that the respondent shall take a decision taking
note of the order of this Court in Crl.M.C. No.4556 of 2019
also. As the order of this Court in Crl.M.C. No.4556 of 2019
was passed during the pendency of this writ petition, the
petitioner may bring the additional facts to the notice of the
Regional Passport Officer for taking a just decision in the
matter.
The writ petition is therefore disposed of directing the
petitioner to file additional statement regarding the criminal
case, if any, within a period of two weeks from today. The
Regional Passport Officer shall consider Ext.P3 objection
filed by the petitioner and additional objection, if any, filed by
the petitioner and take appropriate decision thereon, within a
WP(C) NO.232 OF 2022
further period of four weeks. The benefit of interim order
passed by this Court will continue to enure to the benefit of
the petitioner for a period of six weeks.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.232 OF 2022
APPENDIX OF WP(C) 232/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CLARIFICATION CUM
SHOW CAUSE NOTICE DATED 9/11/2021.
Exhibit P2 THE TRUE COPY OF THE CRL.MC 4556/2019.
Exhibit P3 THE TRUE COPY OF THE REPLY SUBMITTED
BY THE PETITIONER TO THE RESPONDENT
DATED 4/1/2022.
