Kerala High Court
Bijo David Thomas vs Union Of India on 6 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 29997 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 29997 OF 2024
PETITIONER:
BIJO DAVID THOMAS,
AGED 50 YEARS
S/O. PAYYAMPALLIL PHILIP DAVID, PAYYAMPALLIL HOUSE,
NEAR UDAYAPURAM JUNCTION, PULICKAL KAVALA P.O,
KOTTAYAM DISTRICT.REPRESENTED BY POWER OF ATTORNEY
HOLDER BAIJU DAVID ALEX, AGED 49,S/O. PAYYAMPALLIL
PHILIP DAVID, PAYYAMPALLIL HOUSE, NEAR UDAYAPURAM
JUNCTION, PULICKAL KAVALA P.O, KOTTAYAM DISTRICT,
PIN - 686515
BY ADVS.
M.M.DEEPA
K.C.SANTHOSHKUMAR
P.MAYA
N.SUDHA
UMADEVI P.S.
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI, PIN -
110001
2 REGIONAL PASSPORT OFFICER,
OFFICE OF REGIONAL PASSPORT OFFICE, PANAMPILLY
NAGAR P.O, ERNAKULAM DISTRICT, PIN - 682036
SRI.T.C. KRISHNA-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The present Writ Petition has been filed for the following
prayers:
"i. Call for the records with leading to Exhibit-P2 and P4
show cause notices and quash all further proceedings
pursuant to the same by issuing writ of certiorari.
ii. To dispense with translation of the documents furnished
in vernacular language.
iii. To grant such other and further relief as this Hon'ble
Court may deem fit and proper in the interest of justice. "
2. The petitioner is the holder of the passport bearing
No.R8193228 issued on 30.10.2017 and the validity of the
aforesaid passport is up to 29.10.2027. The petitioner has been
issued show cause notice dated 30.04.2024 by the 2 nd respondent,
Regional Passport Officer, Kochi requiring the petitioner to show
cause as to why action should not be taken to impound his
passport under the powers of Section 10(3)(e) and (h) and Section
12(1) (b) of the Passport Act, 1967. As the petitioner is facing
criminal proceedings in Crime No.105/CR/EOW/II/KTM/16 in which
non-bailable warrant has been issued against the petitioner.
3. The FIR bearing No.1840/2015 dated 25.07.2015 was
registered against all the five persons by the Thrissur East Police
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Station for the offences punishable under Sections 420, 465, 467,
468 and 408 read with Section 34 of IPC. Though the petitioner's
name is not mentioned in the said FIR, but it appears that the
petitioner has also been summoned and as the petitioner did not
reply to the summons, the non-bailable warrant has been issued
against him. The petitioner has filed reply to the said show cause
notice, however final procedure has not been taken.
Considering the aforesaid submission, the present writ
petition is disposed of with direction to the 2 nd respondent that
before taking final decision on the said show cause notice dated
30.04.2024 issued to the petitioner, the petitioner shall be afforded
an opportunity of hearing. The petitioner should be intimated with
the date of his appearance and hearing by the 2 nd respondent
before taking decision on the said show cause notice. The
petitioner may be allowed to appear for hearing through Video
Conference.
Sd/-DINESH KUMAR SINGH
JUDGE
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APPENDIX OF WP(C) 29997/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE PASSPORT BEARING NO:
R8193228 DATED 30.10.2017 ISSUED BY
CONSULATE GENERAL OF INDIA, DUBAI IN
FAVOUR OF THE PETITIONER
Exhibit-P2 TRUE COPY OF THE SHOW CAUSE NOTICE DATED
30.04.2024 WITH REF NO: SCN/317801539/24
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
Exhibit-P3 TRUE COPY OF THE REPLY DATED 06.05.2024
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT
Exhibit-P4 TRUE COPY OF THE COMMUNICATION DATED
14.05.2024 ISSUED BY 2ND RESPONDENT TO
THE PETITIONER
Exhibit-P5 TRUE COPY OF THE REPLY DATED 07.07.2024
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT
Exhibit-P6 TRUE COPY OF THE COMMUNICATION DATED
10.07.2027 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
Exhibit-P7 TRUE COPY OF THE REPLY DATED 06.08.2024
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT
Exhibit-P8 TRUE COPY OF THE COMPLAINT DATED
22.07.2015 FILED BY SIVARAJAN
Exhibit-P9 TRUE COPY OF THE FIR NO: 1840/15, DATED
25.07.2015 OF THRISSUR EAST POLICE
STATION FOR OFFENCES PUNISHABLE UNDER
SECTIONS 420,465,467,468,408 R/W 34
Exhibit-P10 TRUE COPY OF THE ORDER DATED 05.05.2023
IN CRL.MP. NO. 1048/2023 ON THE FILE OF
THE COURT OF SESSIONS, KOTTAYAM
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RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
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