Kerala High Court
Rahul M P vs The Regional Passport Officer, ... on 25 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 37659 OF 2024
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2024:KER:79655
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 37659 OF 2024
PETITIONER:
RAHUL M P,
AGED 26 YEARS
S/O RAJAN MADOMPOYIL HOUSE, VANIMEL P.O, KALLACHI,
KOZHIKODE, PIN - 673506
BY ADVS.
MANSOOR ALI
AKHIL P.
RAHUL S.
RESPONDENTS:
1 THE REGIONAL PASSPORT OFFICER, KOZHIKODE
ERANIPALAM P.O, KOZHIKODE, PIN - 673006
2 THE STATION HOUSE OFFICER, VALAYAM POLICE STATION,
KALLACHI-PUTHUKAYAM ROAD, VALAYAM P.O , KOZHIKODE, PIN -
673517
SRI.S. GOPINATHAN-SR.GP
SRI.T.C.KRISHNA -DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 37659 OF 2024
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JUDGMENT
Dated this the 25th day of October, 2024
The present Writ Petition has been filed impugning
Ext.P3 communication issued by the Regional Passport
Officer, Kozhikode, whereby it is informed that as per
the police report, the petitioner is an accused in Crime
No.114/2023, registered by the Valayam Police Station,
under Sections 143, 147, 148, 341, 294(b) read with
Section 149 IPC and an FIR has been lodged. In respect
of the said FIR, the case is pending as CC No.841/2023
before the Judicial First-Class Magistrate Court,
Nandapuram. The petitioner has been asked to produce
a discharge of acquittal certificate for issuing him the
Police Clearance Certificate.
2. The learned counsel for the petitioner submits
that the petitioner has been permitted to depart India
by the learned Judicia; Magistrate vide order dated
01.10.2024 in C.M.P No.5327/2024 in C.C No.841/2023.
WP(C) NO. 37659 OF 2024
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3. Ms.Bea Mary, learned counsel for the 1st
respondent submits that as the petitioner is facing a
criminal case and the petitioner has been granted
permission to travel abroad by the learned Judicial
Magistrate Court, the petitioner can be issued
customized Police Clearance Certificate.
Therefore, the petitioner may approach the Regional
Passport Officer, Calicut, with the order passed by the
learned Judicial Magistrate for issuing him customized
Police Clearance Certificate along with an application,
the said application shall be processed in the light of the
judgment passed in the case of Siju v. the Regional
Passport Officer. If the petitioner approaches the
Regional Passport Officer, Calicut, he is directed to
consider the application expeditiously, preferably within
a period of one week thereafter.
Sd/-
D. K.SINGH
JUDGE
AP
WP(C) NO. 37659 OF 2024
2024:KER:79655
APPENDIX OF WP(C) 37659/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ELECTRONIC VISA ISSUED BY
THE STATE OF KUWAIT DATED 18.08.2024
Exhibit P2 THE TRUE COPY OF THE ORDER IN CRL MP 5327/2024
JUDICIAL FIRST CLASS MAGISTRATE COURT-I,
NADAPURAM DATED 01.10.2024
Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 1ST
RESPONDENT DATED 05.09.2024
