Kerala High Court
Abdul Majeed vs Union Of India on 1 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:81253
WP(CRL.) NO. 1136 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(CRL.) NO. 1136 OF 2024
CRIME NO.792/2008 OF CHENGAMANAD POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.980 OF 2015 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA
.......................
PETITIONER/ACCUSED :
ABDUL MAJEED, AGED 44 YEARS
S/O HASSAN KUTTY VELUVIL,
K PURAM POST, THANALUR,
MALAPPURAM, PIN - 676 307.
BY ADVS.
THAREEQ ANVER K.
K.SALMA JENNATH
K.C.KHAMARUNNISA
K.SHAMSUDHEEN
ARUN CHAND
RASSAL JANARDHANAN A.
GOVIND G. NAIR
SHAHNOY SHAJI
RESPONDENT/STATE :
1 UNION OF INDIA
REP. BY ITS JOINT SECRETARY AND CHIEF PASSPORT OFFICER,
PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS,
ROOM NO. 27 PATIALA HOUSE,
TILAK MARG, NEW DELHI, PIN - 110 001.
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WP(CRL.) NO. 1136 OF 2024
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2 REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE,
ERANHIPALAM POST, KOZHIKODE - 673 006.
3 STATE OF KERALA REP. BY ITS SECRETARY
HOME (C) DEPARTMENT, SECRETARIAT,
THRIUVANANTHAPURAM, PIN - 695 001.
4 SUB INSPECTOR OF POLICE
CRIME DETACHMENT, ALUVA, PIN - 683 101.
5 SUB-INSPECTOR OF POLICE,
CHENGAMANAD POLICE STATION
ERNAKULAM, PIN - 683 578.
6 PASSPORT SEVA KENDRA II
REP. BY ASST. PASSPORT OFFICER
SAJIDHA TOWER, MEEMPAT SQUARE,
JUBILEE ROAD, MOONAMPADI POST,
MALAPPURAM, PIN - 676 505.
SMT. SREEJA V (PP)
SMT.MINI GOPINATH, CGC
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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BECHU KURIAN THOMAS, J
......................................................
W.P.(Crl) No.1136 of 2024
...................................................
Dated this the 1st day of November, 2024
JUDGMENT
Petitioner is stated to be an accused in Crime No.792/2008 of
Chengamanad Police Station. He has preferred this writ petition seeking
a direction to the Regional Passport Officer to process his application for
re-issue of his passport.
2. Earlier when petitioner wanted to obtain a passport and go abroad for
employment, he applied to the Judicial First Class Magistrate Court-I,
Aluva, seeking permission, as the above referred crime was allegedly
pending against him. By Ext.P3 order dated 21.05.2015, the learned
Magistrate granted permission to the petitioner to apply for the passport.
Consequent to the said direction, petitioner was issued with a passport.
Now the said passport has expired, and he has applied for re-issue of his
passport.
3. Since Crime No.792/2008 of Chengamand Police Station, is still shown as
pending, petitioner's request for re-issue of the passport is not being
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considered. It is in these circumstances that petitioner has approached
this Court seeking a direction to process his application.
4. Smt.Sreeja V., the learned Public Prosecutor, upon instructions,
submitted that though Crime No.792/2008 of Chengamand Police Station,
was investigated and a final report was filed on 13.05.2024, but the said
report was not accepted by the court and it was returned. Thereafter
the Police have not been able to trace the records, nor has the final
report been re-submitted and hence the crime is still pending
investigation.
5. Though the situation pointed out by the learned Public Prosecutor is
unfortunate, the fact remains that the petitioner continues to be shown
as an accused in the records in Crime No.792/2008 of Chengamand
Police Station. This Court has repeatedly observed that pendency of an
investigation cannot be regarded as a 'criminal case pending' to restrict
the right of a citizen of the country to apply for and obtain a passport.
(See the decision in Thadevoose Sebastian v. Regional Passport Officer
and Another [2021 (5) KHC 625]) Since till date the final report in Crime
No.792/2008 of Chengamand Police Station, has not been filed, it cannot
be held that a criminal proceeding is pending against the petitioner.
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WP(CRL.) NO. 1136 OF 2024
Therefore, there is no restriction in the petitioner being issued with a
passport, if he is otherwise eligible.
6. In view of the above, there will be a direction to the second respondent
to process the application, if any, filed by the petitioner for issue/re-
issue of a passport in accordance with law, without reference to Crime
No.792/2008 of Chengamand Police Station.
7. Since Ext.P4 indicates that petitioner has already filed an application for
re-issue of a passport, if the defects pointed out by the authority are
rectified, necessarily, the same shall be considered in accordance with
law at the earliest.
The writ petition is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/01/11/2024
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WP(CRL.) NO. 1136 OF 2024
APPENDIX OF WP(CRL.) 1136/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE RELEVANT PAGES OF
PASSPORT ISSUED ON 28/03/2016 TO THE
PETITIONER AND BEARING NO.N8804326
EXHIBIT P2 THE TRUE COPY OF FIR DATED 18/09/2008 BEARING
NO.792/2008 OF CHENGAMANAD POLICE STATION
REGISTERED BY THE 5TH RESPONDENT
EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 21/06/2015
OF THE HON'BLE COURT OF JUDICIAL FIRST CLASS
MAGISTRATE - I, ALUVA IN CMP 980/2015 IN
CR.NO.792/2008 OF THE CHENGAMANAD POLICE
STATION
EXHIBIT P4 THE TRUE COPY OF THE APPOINTMENT RECEIPT
ISSUED AGAINST APPLICATION REFERENCE NO.24-
1009005891 ON 27/07/2024 TO THE PETITIONER BY
THE OFFICERS UNDER 1ST RESPONDENT
