Petitioner sought quashing of an order refusing permission for passport release while tamper charges pending. Court held passport allegedly fake and dismissed petition against lower court order without interference.
The petition was dismissed with no relief granted to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931
Crl.MC.No. 1242 of 2009()
------------------------CMP.4023/2003 of JUDL.MAGISTRATE OF FIRST CLASS COURT, TIRUR CRIME NO. 56/05.
PETITIONER(S): PETITIONER
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STANIN SAIMON,S/O.SAIMON, ANANDAM PARAMBIL HOUSE, CHETHALA SOUTH-P.O., ALAPPUZHA DISTRICT.
BY ADV. SRI.K.ANAND
RESPONDENT(S): /COMPLAINANT & STATE
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1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,KOCHI-31.
2. S.I.OF POLICE,KUTTIPPURAM.
PUBLIC PROSECUTOR SRI. AMJAD ALI.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.N. KRISHNAN, J.
= = = = = = = = = = = = = = CRL.M.C. NO. 1242 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of April, 2009.
O R D E R
This petition is filed by the petitioner with a prayer to quash the order in CMP 4023/08 and to direct the 2nd respondent to release the passport. The petitioner had surrendered the passport and he is a witness in a crime u/Ss. 463, 465, 471, 474, 476, 484 and 485 IPC and S.12(1)(B) of Indian Passport Act. It is submitted that the police had questioned him. He had secured an employment abroad and he wants release of the passport. The Court below considered the question and rejected the prayer for the reason that the passport alleged to have been obtained by him is said to be a fake passport. So the whole question revolves upon the issue whether the passport is a fake one or a original one. Releasing a passport which is alleged to be fake for a person to go abroad is not legal and therefore the Court below rightly came to a conclusion that it cannot be
CRL.M.C. NO. 1242 OF 2009
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released at that stage. I do not find any ground to interfere with the order of the Court below and therefore this Crl.M.C is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-
3 issues framed by the court
Whether the High Court can quash the lower court order rejecting the prayer for release of a passport alleged to be fake.
Whether releasing a potentially fake passport for a person to go abroad is legal.
Whether there is any ground to interfere with the judgment of the Court below regarding the passport.
2 provisions across 2 enactments
STANIN SAIMON
STATE OF KERALA
S.I.OF POLICE,KUTTIPPURAM
M.N. KRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
