Dismissed

Mrs.Sugandha Parakkandi v. Union of India

Kerala HC4 Feb 2011WP(C)/2019/2011

Case brief

AI extract

What is this about?

The High Court of Kerala held that an accused barred from obtaining a passport under Section 6(2)(f) of the Passport Act can apply for a regular passport through the criminal court. The petitioner was directed to file an application with the court handling the pending criminal case, ensuring orders are passed within two weeks.

What did the court decide?

Petitioner directed to apply for a regular passport to the court where criminal proceedings are pending; court to decide within 2 weeks.

Mrs.Sugandha Parakkandi Vs Union of India — Pension and Retirement Benefits | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932

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WP(C).No. 2019 of 2011(B)

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PETITIONER:

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-------------------

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MRS.SUGANDHA PARAKKANDI, D/O.VIJAYAN, AGED 41 YEARS, RESIDING AT 'RAHUL VIHAR', AMBIKA ROAD, POST PALLIKUNNU, KANNUR - 670 004.

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BY ADV. SRI.K.RAVEENDRAN.

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RESPONDENTS:

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1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI - 110 001.

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2. THE PASSPORT OFFICER, PASSPORT OFFICE, BYE PASS ROAD, ERANHIPALAM P.O., KOZHIKODE - 673 006.

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3. D.K.MOHANAN, PUSHPA NIVAS, KANNOTHUMCHAL, POST CHOVVA, KANNUR – 670 006.

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R1 & R2 BY SRI.K.M.JAMALUDHEEN, C.G.C.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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prv.

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ANTONY DOMINIC, J.

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W.P.(C) NO.2019 OF 2011(B)

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Dated this the 4^th day of February, 2011

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J U D G M E N T

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Petitioner is the estranged wife of the 3^rd respondent. She is also an accused in C.C.NO.14/2010 on the file of the Judicial Magistrate-I, Kannur. Earlier in view of Section 6(2) (f) of the Passport Act she was denied passport and that led the petitioner to approach this court by filing WP(c).No.17228/2010. In that writ petition an interim order was passed, based on which provisional passport was issued to her. Finally the writ petition was disposed of by Ext.P3 judgment, directing to extend the period of provisional passport till 30.6.2011.

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In this writ petition she states that she has to attend business conferences at Pattaya, Bangkok, during February and at Spain during August, 2011. It is stated that for the aforesaid reason she wants to get the passport renewed. It is in these circumstances the writ petition is filed.

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In my view there is no reason why the petitioner should ask for a provisional passport. Government of India have already issued G.S.R.570(E) dated 25.8.1993 which provides that

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WPC.No.2019 /2011

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:2 :

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irrespective of the ineligibility as provided under Section 6(2)(f) of the Passport Act, a person who is accused of the offence has the freedom to apply to the court concerned and if the court concerned so permits apply for regular passport. This position has been clarified by this court in the judgment in Asok Kumar V. State of Kerala(2009 (2) KLT 712). Therefore what the petitioner should do at this stage is to apply to the court where C.C.No.14/2010 is pending, in the light of the directions contained in the judgment as above. It is directed that if an application is so made by the petitioner, the court will ensure that orders on the application is passed within 2 weeks thereafter.

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Writ petition is disposed of as above.

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(ANTONY DOMINIC) JUDGE

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vi/

Mrs.Sugandha Parakkandi v. Union of India

Case brief

What is this about?

What did the court decide?

Mrs.Sugandha Parakkandi v. Union of India

Case brief

What is this about?

What did the court decide?

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