Disposed

Nihas v. State of Kerala

Kerala HC21 Feb 2017Crl.MC/908/2017

Case brief

AI extract

What is this about?

In Crl.MC.No. 908 of 2017, the petitioner challenged the order dismissing his passport application due to pending criminal proceedings. The High Court directed the Passport Officer to issue the passport if the application was in order, provided the petitioner had no other cases.

What did the court decide?

Directed the Passport Officer to issue the passport if the application is in order and there are no other pending cases against the petitioner.

Nihas Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2017)

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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 SUNIL THOMAS

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TUESDAY, THE 21ST DAY OF FEBRUARY 2017/2ND PHALGUNA, 1938

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Crl.MC.No. 908 of 2017 () --------------------------

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AGAINST THE ORDER/JUDGMENT IN CC 941/2011 of J.M.F.C.-1, VARKALA CRIME NO. 237/2011 OF VARKALA POLICE STATION, THIRUVANANDAPURAM

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PETITIONER(S)/PETITIONER/A4:

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NIHAS, AGE 27, S/O.MUHAMMED KUNJU, PRESENTLY RESIDING AT SUBAIDA MANZIL, NADAYARA, SREENIVASAPURAM, CHEMMARUTHI VILLAGE, THIRUVANANTHAPURAM, HAVING PERMANENT ADDRESS AT MELETHIL VEEDU, NADAYARA, MUTTAPALAM DESOM, CHEMMARUTHI VILLAGE, VARKALA, THIRUVANANTHAPURAM.

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BY ADV. SRI.SHAJIN S.HAMEED

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RESPONDENT(S)/STATE & RESPONDENT:

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1. STATE OF KERALA, REPRESENTED BY THE DETECTIVE INSPECTOR, CRIME BRANCH CID, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. THE REGIONAL PASSPORT OFFICER, TRIVANDRUM, GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, PASSPORT OFFICE, SNSM JUNCTION, KARALKADA JUNCTION, PETTAH P.O., THIRUVANANTHAPURAM, PIN CODE-695024.

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R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R1 BY PUBLIC PROSECUTOR SRI.T.R.RANJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 908 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A- PHOTOCOPY OF THE PETITION C.M.P.NO.5102/2016 FILED BY THE PETITIONER BEFORE THE JUDICIAL 1ST CLASS MAGISTRATE COURT-I, VARKALA.

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ANNEXURE B- PHOTOCOPY OF THE ORDER DATED 29/08/2016 IN C.M.P.NO.5102/2016 IN C.C.NO.941/2011 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-I, VARKALA.

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RESPONDENT(S)' EXHIBITS : NIL

/TRUE COPY/

P. A. TO JUDGE

SUNIL THOMAS, J.

Crl. M. C. No. 908 of 2017

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Dated this the 21^st day of February, 2017

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O R D E R

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The petitioner is arrayed as the 4^th accused in C.C. No.941/2011 of Judicial 1^st Class Magistrate Court-1, Varkala for offences punishable under Sections 143, 147, 148, 452, 323, 324, 427 read with 149 of IPC. He applied for a passport which was not issued on the ground that he is involved in a criminal case. Accordingly C.M.P. No.5102/2016 was filed by him in C.C. No.941/2011 seeking a direction to the respondent Passport Officer for issuing a passport to the petitioner. After hearing the respondent, learned Magistrate dismissed the application on the ground that the trial had commenced and CW2 and CW3 were examined. It was further noted that summons was issued to CW4. Consequently, the court felt that issuing passport may prejudice the trial and adversely affect the identification of the petitioner by the witnesses during trial. It was also noted that the examination of the eye witness have not commenced.

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Though the reasoning of the court below does not appear to be unassailable and I fully agree with the reasoning of the court below that, permitting the petitioner at this stage may

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Crl. M. C. No. 908 of 2017 2

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affect the trial, this should not stand in the way of the petitioner herein applying for a passport and getting the permission, if application is otherwise in order.

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Having considered these facts as well as balancing the anxiety expressed by the court below, I feel that Crl.M.C. can be disposed of, by directing that the Passport Officer to issue passport if the application is in order and if he is not involved in any other case than the present one. The passport, if issued shall be forwarded directly to the Judicial First Class I, Varkala, which will be kept in safe custody by the court below. Whether the passport is to be released to the petitioner herein or not, is ultimately to decide by the court below after trial.

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Crl.M.C. is disposed of accordingly.

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Sd/-

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SUNIL THOMAS, JUDGE.

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Nihas v. State of Kerala

Case brief

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Nihas v. State of Kerala

Case brief

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