Kerala High Court
WP(C)/12696/2025 of JISSMON SAJU, Vs UNION OF INDIA, on 2 April 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 12696 OF 2025 PETITIONER: JISSMON SAJU, AGED 29 YEARS, S/O. SAJU KAITHARATH PORINCHU, RESIDING AT KAITHARATH HOUSE, PALAYAMPARAMBU P.O., THRISSUR
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
WP(C) NO. 12696 OF 2025
PETITIONER:
JISSMON SAJU,
AGED 29 YEARS,
S/O. SAJU KAITHARATH PORINCHU, RESIDING AT KAITHARATH
HOUSE, PALAYAMPARAMBU P.O., THRISSUR DISTRICT, PIN – 680741.
BY ADVS.
M.M.DEEPA
K.C.SANTHOSHKUMAR
P.MAYA
SUDHA N.
RESPONDENTS:
UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI, PIN – 110001.
REGIONAL PASSPORT OFFICER,
OFFICE OF THE REGIONAL PASSPORT OFFICE, PANAMPILLY
NAGAR P.O., COCHIN, ERNAKULAM, PIN – 682036.
ADDL.R3 THE STATION HOUSE OFFICER
MALA POLICE STATION, MALA, THRISSUR DISTRICT – 680 732.
IS IMPLEADED AS PER ORDER DATED 02.04.2025 IN
I.A.NO.1/2025 IN WP(C)NO.12696/2025
SRI. P.S.APPU, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has been issued with Ext.P6 show cause notice calling upon the petitioner to show cause as to why the passport issued to the petitioner should not be impounded for the reason that the petitioner had not disclosed the fact that a criminal case is pending against him.
2. The learned counsel appearing for the petitioner submits that the petitioner was not aware of the fact that a criminal case has been registered against him. It is submitted that a final report in the crime number mentioned in Ext.P6 was filed only in the month of January, 2025 and the passport application was submitted much earlier. It is submitted that the petitioner has submitted Ext.P7 reply to Ext.P6 show cause notice and if the passport of the petitioner is impounded before the show cause is adjudicated, the petitioner would be put to serious prejudice, injury and hardship. The learned counsel for the petitioner also submits that going by the law laid down by this Court in Muhammed v. Union of India and Others [2018(4) KHC 945] , a criminal case can be stated to be pending only if a final report is filed and in the facts of the present case, the application filed by the petitioner for passport had been filed much before the filing of the final report.
3. The learned Government Pleader submits that the final report was filed on 30.01.2025 in Crime No.20/2025 of Mala Police Station.
4. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader and having regard to the facts and circumstances mentioned above, this writ petition will stand disposed of directing that Ext.P6 show cause notice shall be adjudicated by the 2nd respondent after affording an opportunity of hearing to the petitioner and taking note of Ext.P7 reply submitted by the petitioner. The 2nd respondent will also consider the effect of the judgment of Court in Muhammed (supra) and decide whether there is any ground made out for impounding the passport of the petitioner. Till such time as final orders are passed, the passport issued to the petitioner shall not be impounded. The writ petition disposed of accordingly. Sd/- GOPINATH P. JUDGE DK
APPENDIX OF WP(C) 12696/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PASSPORT BEARING NO. M 5373476 DATED 19.01.2015 ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE PETITIONER Exhibit P2 TRUE COPY OF THE PASSPORT BEARING NO. C7213367 DATED 15.01.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE NOTICE DATED 29.01.2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 04.02.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE FIR IN CRIME NO. 20/2025 OF MALA POLICE STATION Exhibit P6 TRUE COPY OF THE NOTICE DATED 27.02.2025 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P7 TRUE COPY OF THE REPLY DATED 10.03.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT