Allowed

Sanub.P,M. v. the Station House Officer

Kerala HC5 Mar 2012Crl.MC/515/2012

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC seeking quashing of order denying no objection certificate for passport renewal. Court allowed petition, quashed order, and directed trial court to issue N.O.C. with condition to seek permission before going abroad.

What did the court decide?

Impugned order quashed; direction to trial court to issue no objection certificate for passport renewal with condition to seek permission before going abroad.

Sanub.P,M. Vs the Station House Officer — Writ and Judicial Review | Kerala HC (2012)

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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. P.S.GOPINATHAN

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MONDAY, THE 5TH DAY OF MARCH 2012/15TH PHALGUNA 1933

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Crl.MC.No. 515 of 2012 (D)

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CMP.NO.9458/2011 IN C.C.NO.247/2011 OF J.F.C.M., THIRUVALLA.

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PETITIONER(S)/6TH ACCUSED:

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SANUB.P.M, AGED 30 YEARS,S/O.MOHAMMED KUNJU (SANUB PALLITHADOM MUHAMMAD)PALLITHADATHIL HOUSE KOTTANGAL,CHUNKAPARA P.O.

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BY ADVS.SRI.P.A.SALIM

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SRI.P.ANTO THOMAS

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COMPLAINANT(S)/COMPLAINANT:

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1 THE STATION HOUSE OFFICER

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PERUMPETTY POLICE STATION

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REPRESENTED BY PUBLIC PROSECUTOR

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HIGH COURT OF KERALA

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ERNAKULAM(CRIME NO.73/2010 OF PERUMPETTY POLICE STATION).

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-03-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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amk

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P.S.GOPINATHAN, J

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

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Crl.M.C.No. 515 OF 2012

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-------------------------Dated this the 5^th day of March, 2012.

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O R D E R

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In this petition under Section 482 of the Code of

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Criminal Procedure, the petitioner, who is the 6^th accused in C.C.No.247/2011 on the file of the Judicial Magistrate of the First Class, Thiruvalla for offences under Sections 143, 147, 148, 149, 427 and 188 of Indian Penal Code and Section 18(b)(h)(1) r/w Section 56 of Kerala Police Act assails Annexure A2 order dated 20-12-2011 in C.M.P.No.9458/2011 whereby his application for allowing to renew his passport was declined.

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Having heard the learned counsel for the petitioner and the learned Govt. Pleader and perusing the documents, I find that the petitioner had a passport and on expiry he applied for renewing the same. The passport authority thereupon issued Annexure 1 letter stating that enquiry revealed that the case is pending against the petitioner. Thereupon, he filed

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an application seeking an order to issue no objection certificate for

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Crl.M.C.No. 515 OF 2012 2

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renewing the passport. It was declined by Annexure 2 order

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assailing which this petition is filed.

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The learned Govt. Pleader would submit that the prosecution has no objection in getting the petitioner's passport renewed and therefore no prosecution is not aggrieved if a no objection is issued from the trial court.

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The above submission of the Govt. Pleader is recorded. While allowing the petition, Annexure 2 order would stand quashed and there would be a direction to the trial court to issue a no objection certificate to the petitioner for renewing the passport. However, if the petitioner intends to go abroad, he shall seek permission from the trial court before proceeding. The petitioner shall file an affidavit undertaking that on renewal of passport, he would not go abroad without getting permission from the trial court.

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P.S.GOPINATHAN, JUDGE

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amk

Sanub.P,M. v. the Station House Officer

Case brief

What is this about?

What did the court decide?

Sanub.P,M. v. the Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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