High Court disposed of a criminal miscellaneous petition challenging dismissal of interim custody of passport. Court dismissed challenge, allowing liberty to apply for fresh passport.
Petition dismissed with liberty to move passport authorities for issue of fresh passport.
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 K.RAMAKRISHNAN
TUESDAY, THE 11TH DAY OF MARCH 2014/20TH PHALGUNA, 1935
Crl.MC.No. 384 of 2014
CRL.M.P.NO. 5951/2013 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI, DATED 03-01-2014
CRIME NO. 667/2013 OF KARIPUR POLICE STATION , MALAPPURAM
PETITIONERS/ACCUSED:
KALLIKUNNU JISHI, D/O.BALAN, KALIMUNNUMAL, ELATTIL P.O., KODUVALLY, KOZHIKODE.
BY ADVS.SRI.BABU S. NAIR SRI.K.RAKESH
RESPONDENT/STATE:
1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 31 - THROUGH THE SUB INSPECTOR OF POLICE, KARIPOOR POLICE STATION, MALAPPURAM DISTRICT.
2. THE PASS PORT OFFICER, PASSPORT OFFICE, KOZHIKODE, PIN: 676 505.
R1 BY PUBLIC PROSECUTOR SRI.N.SURESH R2 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Crl.MC.No. 384 of 2014
APPENDIX
PETITIONER(S)' ANNEXURES
ANNEXURE A: TRUE COPY OF THE ORDER PASSED BY THE LEARNED CHIEF JUDICIAL MAGISTRATE COURT, MANJERI IN CRL.M.P. NO.5951/2013 DATED 03/01/2014.
ANNEXURE B: TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN CRL.M.A NO.8952/2013 IN CRL.M.C NO.4229/2013 DATED 18/11/2013.
RESPONDENT(S)' ANNEXURES
ANNEXURE R2(A): TRUE COPY OF THE EXTRACT OF ADMISSION REGISTER SHOWING STUDIED UP TO VIIITH STANDARD.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
K. RAMAKRISHNAN, J.
-----------------------------------------------------------------Crl. M.C. No.384 of 2014
Dated this the 11th day of March, 2014
O R D E R
This criminal miscellaneous case is filed by the petitioner, challenging the order passed by the Chief Judicial Magistrate, Manjeri, in Criminal M.P No.5951/2013 under Section 482 of the Code of Criminal Procedure (hereinafter called the ‘Code’).
2
Crl. M.C. No.384 of 2014
451 of Criminal Procedure Code and that was dismissed by the court as per Annexure-A order, which is being challenged by the petitioner by filing this application.
3
Crl. M.C. No.384 of 2014
above submissions made by the Assistant Solicitor General of India and also the counsel for the petitioner are recorded. The counsel for the petitioner also submitted that a direction may be given to the passport officer to consider the application, if any filed and pass appropriate orders. There is no necessity to issue such direction to a statutory authority as if an application is filed, they are bound to consider and pass appropriate orders on that application. So, the submissions made by the counsel for the petitioner as well as the Assistant Solicitor General of India are recorded and the petition is closed with liberty for the petitioner to move the passport authorities for issue of a fresh passport, if so advised.
Sd/K. Ramakrishnan, Judge
// True Copy //
P.A. to Judge
ss
1 issue framed by the court
Whether the interim order dismissing the application for interim custody of passport should be set aside.
4 provisions across 3 enactments
KALLIKUNNU JISHI
THE STATE OF KERALA
THE PASS PORT OFFICER
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
