Kerala High Court

WP(C)/44932/2024 of NISAMUDHEEN M, Vs THE REGIONAL PASSPORT OFFICE, on 7 April 2025

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 44932 OF 2024 PETITIONER/S: NISAMUDHEEN M, AGED 28 YEARS S/O MOIDHEEKUTTY, MAMMAKANAKATH HOUSE, KOTHAPARAMBU, POST KUTTAYI, TIRUR VIA, MALAPPURAM, PIN -

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947

WP(C) NO. 44932 OF 2024

PETITIONER/S:

NISAMUDHEEN M,

AGED 28 YEARS

S/O MOIDHEEKUTTY, MAMMAKANAKATH HOUSE,

KOTHAPARAMBU, POST KUTTAYI, TIRUR VIA, MALAPPURAM, PIN - 676101

BY ADVS.

K.N.ABHILASH

SUNIL NAIR PALAKKAT

RISHI VARMA T.R.

RITHIK S.ANAND

SREELAKSHMI MENON P.

SREEJITH A.

V.SREEJITH(K/1276/1998)

RESPONDENT/S:

THE REGIONAL PASSPORT OFFICE,

PANAMPILLY NAGAR P.O, REPRESENTED BY REGIONAL

PASSPORT OFFICER, COCHIN, PIN - 682036

REGIONAL PASSPORT OFFICER,

THE REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR

P.O, COCHIN, PIN - 682036

OTHER PRESENT:

SRI. C.DINESH (DSGI-INCHARGE)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED

THE FOLLOWING:

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JUDGMENT

The petitioner has approached this Court aggrieved by the fact that his application for re-issue of his passport has been closed on account of a criminal case pending against him.

2. The learned counsel for the petitioner would submit that the petitioner has approached this Court for quashing the crime registered against him and by Ext.P4 order dated 20.01.2025 in Crl.M.C.No.10146 of 2024, this Court specifically directed that the Passport Officer concerned shall reissue the passport of the petitioner (the 2nd petitioner in Crl.M.C.No.10146 of 2024) subject to a further condition that the actual travel abroad shall be after informing the investigating officer.

3. The learned Deputy Solicitor General appears for respondents 1 and 2. He submits that the application for reissue of the passport submitted by the petitioner has been closed by Ext.P3 proceedings and if the petitioner files a fresh application bringing to the notice of the Regional Passport Officer, Cochin, Ext.P4 order dated 20.01.2o25 in Crl.M.A.No.1 of 2024 in Crl.M.C.No.10146 of 2024, the application of the petitioner will be processed in accordance with the law. Having heard the learned counsel appearing for the petitioner and the learned Deputy Solicitor General of India appearing for the respondents, this writ petition will stand disposed of directing that on the petitioner filing a fresh application for reissue of passport also bringing to the notice of the 2nd respondent, Ext.P4 order dated 20.01.2025 in Crl.M.A.No.1 of 2024 in Crl.M.C.No.10146 of 2024, the application filed by the petitioner shall be processed in accordance with law and strictly in terms of the directions issued by this Court in the order referred to above.

Sd/-

GOPINATH P. JUDGE Scl/

APPENDIX OF WP(C) 44932/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF FIR NO. 1115/2024 OF PALARIVATTOM POLICE STATION BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT, KOCHI Exhibit P2 THE TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE RESPONDENT DATED 28.11.2024 Exhibit P3 THE TRUE COPY OF THE ORDER DATED 29.11.2024 ISSUED BY THE RESPONDENT Exhibit P4 THE TRUE COPY OF THE ORDER DATED 20/01/2025 IN CRL. M.C. 10146/2024 OF THIS HON’BLE COURT

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