Allowed

George Jacob v. Union of India

Kerala HC12 Mar 2018WP(C)/6312/2018

Case brief

AI extract

What is this about?

In a writ petition filed by George Jacob, the High Court directed the third respondent, the Regional Passport Officer, to issue a passport for three years to the petitioner who had his passport impounded due to pending criminal cases arising from connected civil disputes between him and his cousin. The court took a lenient view given his profession as a senior hospital manager.

What did the court decide?

Direction to the third respondent to issue the petitioner a passport for three years upon application.

George Jacob Vs Union of India — Service and Employment | Kerala HC (2018)

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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 K.ABRAHAM MATHEW

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TUESDAY, THE 13TH DAY OF MARCH 2018 / 22ND PHALGUNA, 1939

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WP(C).No. 6312 of 2018

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--------------------C.C. NO. 4824/2014 AND 2403/2014 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, MAVELIKKARA AND CC NO. 3640/2016 OF JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, CHNGANNUR

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PETITIONER :

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GEORGE JACOB, AGED 65 YEARS, S/O.V.G.CHACKO, VATTAPARAMBIL HOUSE, PAVOOKKARAMURIYIL, KURATTISSERY VILLAGE, CHENGANNUR TALUK, ALAPPUZHA VILLAGE.

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BY ADVS.SRI.CHERIAN GEE VARGHESE

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SRI.P.HARIDAS SRI.RENJI GEORGE CHERIAN

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RESPONDENTS :

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1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI, PIN-110001.

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2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682031.

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3. REGIONAL PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR P.O., KOCHI, PIN-682036.

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4. STATION HOUSE OFFICER, MANNAR POLICE STATION ALAPPUZHA DISTRICT, PIN-689522.

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R1 & R3 BY SRI.N.NAGARESH, ASG OF INDIA R2 & R4 BY GOVERNMENT PLEADER SRI. C.S.HRITHWICK

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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bp 13/3/2018

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WP(C).No. 6312 of 2018 (L)

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

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The name and place of the Court of Criminal Cases erroneously shown as C.C.No. 4824/2014 and C.C.No.2403/2014 of the 'Judicial first Class magistrate's Court-II, Mavelikkara' in the cause title of the Judgment dated 13.3.2018 in WP(c) No. 6312/2018 is corrected as C.C. No. 4824/2014 and C.C. No. 2403/2014 of the “Judicial first class Magistrate Court, Chengannur” as per the order dated 05.04.2018 in IA No. 6308/2018.

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SD/-

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Assistant Registrar

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WP(C).No. 6312 of 2018 (L)

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

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PETITIONER(S)'	APPENDIX EXHIBITS
------------- EXHIBIT P1	--------- TRUE COPY OF THE PLAINT IN OS NO.115/2012 BEFORE THE MUNSIFF COURT, CHENGANNUR FILED BY THE PETITIONER.
EXHIBIT P2	TRUE COPY OF THE ORDER OF INJUNCTION OF MUNSIFF COURT, CHENGANNUR DATED 13-4-12.
EXHIBIT P3	TRUE COPY OF THE FIR IN CRIME NO.465/2012 OF MANNAR POLICE STATION DATED 5-7-2012.
EXHIBIT P4	TRUE COPY OF THE FINAL REPORT IN CRIME NO.465/2012 OF MANNER POLICE STATION DATED 9-7-2012.
EXHIBIT P5	TRUE COPY OF THE FIR IN CRIME NO.668/2013 OF MANNAR POLICE STATION DATED 7-7-2013.
EXHIBIT P6	TRUE COPY OF THE FINAL REPORT IN CRIME NO.668/2013 OF MANNAR POLICE STATION DATED 17-7-2013.
EXHIBIT P7	TRUE COPY OF THE FIR IN CRIME NO.83 OF MANNAR POLICE STATION DATED 14-1-2016.
EXHIBIT P8	TRUE COPY OF THE FINAL REPORT IN CRIME NO.83 OF MANNAR POLICE STATION DATED 20-3-2016.
EXHIBIT P9	TRUE COPY OF THE JUDGEMENT IN WPC NO.37464/2017 DATED 17-1-2018 OF THIS HON'BLE COURT.
EXHIBIT P10	TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT DATED 06-5-2014.
EXHIBIT P11	TRUE COPY OF THE REPLY OF THE PETITIONER DATED 23-5-2014.
EXHIBIT P12	TRUE COPY OF THE SURRENDER CERTIFICATE ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT UNDATED.
EXHIBIT P13	TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT DATED 27-5-2015.
EXHIBIT P14	TRUE COPY OF THE LETTER OF 3RD RESPONDENT IMPOSING PENALTY DATED 8-7-2015.
EXHIBIT P15 RESPONDENT'S E	TRUE COPY OF THE COMMUNICATION OF 3RD RESPONDENT DATED 26-1-2017. XHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE

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bp 13/3/2018

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K.ABRAHAM MATHEW J

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W.P.(C). No.6312 of 2018

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Dated this the 13^th day of March, 2018

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JUDGMENT

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There are civil litigations between the petitioner and his cousin V.V.Varghese. At the instance of the latter certain criminal cases have been registered against the former. This court has stayed the proceedings in three of the cases as seen from Ext P9 judgment. On the ground of the pendency of the criminal cases the passport authorities have impounded the petitioner's passport. The prayer is to direct the third respondent Regional Passport Officer to release the passport.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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It is seen from the facts available in the case that the criminal cases are necessarily connected with the civil disputes. The petitioner is a senior Manager of a hospital, which requires his travel abroad. So a strict view need not be taken. The 3^rd respondent will be directed to issue him a passport for three years.

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In the result, this Writ Petition is allowed. The 3^rd respondent is directed to issue the petitioner a passport for three years if he files an application for the purpose.

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Sd/-

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K.ABRAHAM MATHEW JUDGE

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George Jacob v. Union of India

Case brief

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George Jacob v. Union of India

Case brief

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