The court disposed of a writ petition filed by a petitioner whose duplicate passport was surrendered in criminal bail proceedings. The court held the petition without prejudice to the petitioner's right to seek permission from the criminal court to leave India.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 16TH DAY OF JUNE 2017/26TH JYAISHTA, 1939
WP(C).No. 12160 of 2017 (T)
PETITIONER :
UNNIKRISHNAN, AGED 34 YEARS, S/O.NARAYANAN, KARADIMALAKUNDIL, PUTHENVEEDU, KERALASSERY, PALAKKAD.
BY ADV. SMT.T.B.MINI
RESPONDENT :
THE PASSPORT OFFICER, PASSPORT OFFICE, PANAMPILLY NAGAR, ERNAKULAM, KOCHI 682 036
BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 12160 of 2017 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER IN CRL.MC. NO. 4063/2016 DATED 11.07.2016 EXHIBIT P2 TRUE COPY OF THE PASSPORT APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT EXHIBIT P3 TRUE COPY OF THE ADHAR CARD AND PAPER PUBLICATION EFFECTED BY THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE DUPLICATE PASSPORT ISSUED TO THE PETITIONER BY THE RESPONDENT EXHIBIT P5 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE RESPONDENT PASSPORT OFFICER DATED 16.03.2017
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO JUDGE
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P.B.SURESH KUMAR, J.
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W.P.(C).No.12160 of 2017-T.
= = = = = = = = = = = = = = = Dated this the 16th day of June, 2017.
J U D G M E N T
The petitioner obtained a duplicate passport when the original passport issued to him was lost. The wife of the petitioner thereafter filed a complaint before the respondent stating that the petitioner obtained the said passport suppressing material facts. Ext.P5 communication was, therefore, issued by the respondent directing the petitioner to appear before him. This writ petition was filed at that point of time for a declaration that the duplicate passport was issued to him in accordance with law and that therefore, he is entitled to hold it.
In the light of the said submission made by the learned
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W.P.(C).No.12160/2017-T.
counsel for the petitioner, the writ petition is disposed of without prejudice to the right of the petitioner to move the criminal court for permission to leave India, if he chooses to do so. Needless to say that if the petitioner is given permission by the criminal court to leave India, he shall be issued a travel document by the respondent, accordingly.
Sd/- P.B.SURESH KUMAR, JUDGE.
Kvs/-
// true copy //
2 issues framed by the court
Whether a declaration is required that a duplicate passport was issued in accordance with law when it has been surrendered in criminal proceedings.
Whether the petitioner is entitled to a travel document issued by the respondent if he obtains permission to leave India from the criminal court.
Unnikrishnan
The Passport Officer, Passport Office, Panampilly Nagar, Ernakulam, Kochi
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
