Kerala High Court
Jayan vs Union Of India on 21 July, 2025
2025:KER:54198
WP(C) No. 19465 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
WP(C) NO. 19465 OF 2024
PETITIONER:
JAYAN,
AGED 55 YEARS, S/O.VELAYUDHAN,
KOCHARA HOUSE, KOTHAPARAMBU P.O.,
KODUNGALLUR, THRISSUR DISTRICT, PIN-680668
NOW AT BUILDING NUMBER 606 BUILDING NUMBER 606,
MALAZ-RIYAD, NEAR SECURITY FORCE HOSPITAL,
SAHARA FARAZADAK ROAD, SAUDI ARABIA,
POSTAL CODE 7803
BY ADVS. SRI. M. SHAJU PURUSHOTHAMAN
SRI. K.S. RAJESH
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
SOUTH BLOCK, CENTRAL SECRETARIAT,
NEW DELHI, INDIA, PIN-110004
2 THE PASSPORT ISSUING AUTHORITY,
REGIONAL PASSPORT OFFICE, KOCHI, PIN-682036
3 THE CONSULATE GENERAL OF INDIA,
JEDDAH,RIYADH, KINGDOM OF SAUDI ARABIA, PIN-11564
ADV. O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No. 19465 of 2024
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 19465 of 2024
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Dated this the 21st day of July, 2025
JUDGMENT
The prayer in the writ petition is for a direction to the
respondents to re-issue the passport of the petitioner, without
insisting on orders from the Judicial First Class Magistrate Court,
Kodungallur, where the petitioner is an accused in S.T. No.3266 of
2016 arising from Crime No.1261 of 2016 of Mathilakam Police Station,
alleging offences under Sections 323, 341 and 506(i) of the Indian
Penal Code.
2. The petitioner submits that he could not appear before
the learned Magistrate as he was working abroad and that both cases
were filed by his wife following matrimonial discord. The petitioner
had approached the Magistrate through his counsel and filed an
application for the issuance of a 'No Objection Certificate' for renewal
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of passport, which was dismissed by order dated 23.05.2023. The same
was challenged in Crl. M.C. No.4322 of 2023, wherein this Court, by
order dated 08.06.2023, issued the following directions:-
a) There will be a direction to the petitioner to file an
application for the issuance of an Emergency
Certificate before the Consulate General of India,
Jeddah, Riyad, in order to enable him to travel to
India for the purpose of appearing for the
jurisdictional Magistrate. If any such application is
filed, the same can be considered, and a short travel
emergency certificate shall be issued.
b) After returning back to India, the petitioner shall
appear before the earned Magistrate and regularise
the proceedings. Thereafter, it will be open to the
petitioner to seek the issuance of a non-objection
certificate for the re-issuance of passport before the
learned magistrate. If any such application is filed,
the same shall be considered and appropriate orders
shall be passed.
c) For enabling the petitioner to apply for re-issuance
of passport, the order dated 23/05/2023 passed by the
learned Magistrate will stand quashed.
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3. Learned counsel for the petitioner submits that at that
point in time, the Visa was extended till 23.11.2024 and later till
November 2025. He also submits that if the passport is renewed, he
can come down to India and take appropriate steps in the case before
the learned Magistrate.
4. This Court had considered a similar issue in W.P.(C)
No.1324 of 2025, and by judgment dated 16.01.2025, considered the
provisions of Section 6(2)(f) of the Passports Act, 1967, and held that
this Court, in exercises of its jurisdiction under Article 226 of
Constitution of India can issue a direction that the passport be
renewed although the petitioner is an accused, alleging commission
of offence under Section 498A of the Indian Penal Code. The facts of
this case are also similar.
5. Accordingly, the writ petition will stand disposed of,
directing the competent among the respondents to process the
application filed by the petitioner for re-issuance of his passport,
without being hindered in any manner by the fact that S.T. No.3266
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of 2016 is pending on the files the Judicial First Class Magistrate,
Kodungallur, arising from Crime No.1261 of 2016 of Mathilakam
Police Station, alleging offences under Sections 323, 341 and 506(i) of
the Indian Penal Code. The passport shall be reissued for five years.
The petitioner shall, on receipt of the re-issued passport, and at the
earliest possible opportunity, appear before the Jurisdictional court
and take such steps to defend the proceedings, in accordance with
law.
The Writ Petition is ordered accordingly.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
2025:KER:54198
APPENDIX OF WP(C) 19465/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF PASSPORT OF PETITIONER
ISSUED DATED 17.09.1991
Exhibit P2 THE TRUE COPY OF EMAIL REPLY FROM
CONSULAR, INDIAN EMBASSY, RIYADH DATED
26.04.2023
Exhibit P3 THE TRUE COPY OF THE JUDGMENT IN CC
1017/2011 PASSED BY THE JFCM COURT,
KODUNGALLUR DATED 30-4-2018
Exhibit P4 THE TRUE COPY OF THE FIR IN
CRIME.1261/2016 REGISTERED BY MATHILAKAM
POLICE STATION DATED 30.05.2016
Exhibit P5 THE TRUE COPY OF THE FINAL REPORT FILED
BY THE MATHILAKAM POLICE IN
CRIME.1261/2016 BEFORE THE JFCM COURT,
KODUNGALLUR FILED DATED 22.6.2016
Exhibit P6 THE TRUE COPY OF THE NOTIFICATION NO.GSR
570 (E) DATED 25.08.1993
Exhibit P7 THE TRUE COPY OF ORDER OF HC DATED
08.06.2023
Exhibit P8 THE TRUE COPY OF INFORMATION SHOWING THE
VALID DATE OF VISA FROM THE WEBSITE OF
THE KINGDOM OF SAUDI ARABIA DT.NIL
Exhibit P9 THE TRUE COPY OF THE DECISION REPORTED IN
2018 KHC 823
Exhibit P10 THE TRUE COPY OF THE DECISION IN 2024 KHC
ONLINE 7235
