WP(C)/7760/2025 of JIJI PETER, Vs REGIONAL PASSPORT OFFICER, on 27 March 2025

JUDGMENT

The petitioner has approached this Court being aggrieved by the fact that the application filed by the petitioner for issuance of passport is not being processed on the allegation that the petitioner is the accused in two crimes, namely crime No.837/2024 of Adimaly Police Station and crime No.2133/2019 of Muvattupuzha Police Station.

2. The learned counsel appearing for the petitioner submits that final report was filed in crime No.837/2024 of Adimaly Police Station and the matter was thereafter numbered as ST No.1678/2024 on the file of the Judicial First Class Magistrate’s Court – I, Adimaly. It is submitted that the petitioner remitted the fine and compounded the offence. It is submitted that crime No.2133/2019 of Muvattupuzha Police Station which is now pending as ST No.4165/2022 on the file of the Judicial First Class Magistrate’s Court -I Muvattupuzha has been stayed by this Court. It is submitted that in such circumstances, the application filed by the petitioner for issuance of passport has to be considered without taking note of the fact that the petitioner is the accused in any criminal case.

3. The learned Central Government Counsel submits that in terms of the provisions contained in Section 6(2)(e) of the Passport’s Act, 1967, read with the provisions of GSR 570(E) where an applicant

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for passport is an accused in a criminal case, he is required to obtain permission from the concerned criminal court for the issuance of passport. It is submitted that since the crime registered as crime No.2133/2019 of Muvattupuzha Police Station has not been closed and is only stayed by this Court, the petitioner may obtain permission for issuance of passport from this Court and produce the same before the authorities for consideration. Learned Government Pleader confirms that the proceedings in crime No.837/2024 of Adimaly Police has already culminated as the offence has been compounded by the petitioner.

4. Having heard the learned for the petitioner, the learned Central Government Counsel and the Government Pleader this Writ Petition will stand disposed of directing that on the petitioner producing permission from this Court for issue of passport, in respect of crime No.2133/2019 of Muvattupuzha Police Station the 1st respondent shall consider the same and process the application of the petitioner in accordance with the law. The fact that the petitioner was accused in crime no.837/2024 of Adimaly Police Station shall be ignored as the prosecution in that case has

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ended by compounding the case. This Writ Petition is disposed of accordingly. sd/- GOPINATH P. JUDGE Nsd

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APPENDIX OF WP(C) 7760/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 06.01.2025 ISSUED BY THE 1ST RESPONDENT AGAINST THE PETITIONER Exhibit P2 A TRUE COPY OF THE REPLY DATED 21.02.2025 SENT BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE ORDER DATED 17.01.2025 ISSUED BY THIS HON’BLE COURT IN CRL.MC NO.1276/2024 Exhibit P4 A TRUE COPY OF THE CASE DETAILS IN CONNECTION WITH ST NO.1678/2024 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ADIMALY N CRIME NO.834/2024 OF ADIMALY POLICE STATION Exhibit P5 A TRUE COPY OF THE JUDGMENT REPORTED IN THE MATTER OF THADEVOOS SEBASTIAN VS. REGIONAL PASSPORT OFFICE AND ANOTHER REPORTED IN 2021

(5) KHC 625