The High Court of Kerala dismissed a common order challenging the rejection of two separate applications filed by the second accused to apply for a passport. The court upheld the Assistant Sessions Judge's refusal, citing the petitioner's involvement in numerous pending criminal cases and a police report describing him as a trouble-maker.
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 ASHOK MENON
TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941
Crl.MC.No.131 OF 2020(F)
AGAINST THE ORDER/JUDGMENT IN CMP NO.1200/2019 IN SC 439/2019 OF ASSISTANT SUB COURT, VADAKARA
CRIME NO.323/2018 OF Vadakara Police Station, Kozhikode
PETITIONER/2ND ACCUSED:
ABDUL BASITH, AGED 28 YEARS, S/O.KUNHABDULLA, EDALOTTUMMAL HOUSE, POST VILLYAPALLY, VATAKARA TALUK, KOZHIKODE DISTRICT.
BY ADV. SMT.K.LASITHA
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
OTHER PRESENT:
SRI.C.S.HRITHWIK, SR.PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.03.2020, ALONG WITH Crl.MC.135/2020(F), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.131 & 135 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941
Crl.MC.No.135 OF 2020(F)
AGAINST THE ORDER/JUDGMENT IN CMP NO.1201/2019 IN SC 412/2019 OF ASSISTANT SUB COURT, VADAKARA
CRIME NO.1355/2016 OF Vadakara Police Station, Kozhikode
PETITIONER/2ND ACCUSED:
ABDUL BASITH, AGED 28 YEARS, S/O. KUNHABDULLA, EDALOTTUMMAL HOUSE, POST VILLYAPALLY, VATAKARA TALUK, KOZHIKODE DISTRICT.
BY ADV. SMT.K.LASITHA
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
OTHER PRESENT:
SRI.C.S.HRITHWIK, SR.PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.03.2020, ALONG WITH Crl.MC.131/2020(F), THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.Nos.131 & 135 of 2020
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COMMON ORDER
[ Crl.MC.131/2020, Crl.MC.135/2020 ] Dated this the 3rd day of March 2020
Crl.M.C.No.131/2020 is filed the petitioner aggrieved
by the order of the Assistant Sessions Judge, Vatakara,
in S.C.No.439/2019; wherein he is the 2nd accused.
Crl.M.C.No.135/2020 is filed by the same petitioner, who is the 2nd accused in S.C.No.412/2019 on the files of the
Assistant Sessions Judge, Vatakara, wherein the
applications filed by him to apply for Passport as C.M.P.Nos.1200/2019 and 1201/2019 were both rejected by
the learned Assistant Sessions Judge vide separate
orders. The learned Assistant Sessions Judge has pointed
out that the petitioner has three other cases registered
against him and therefore, if he is permitted to go abroad, it will affect the trial of all those cases. A detailed report has been obtained from the investigating officer, through the Senior Public Prosecutor, which
gives a list of the cases in which he is involved. There are eleven crimes registered against the petitioner in
Vatakara Police Station for offences ranging from
4
Crl.M.C.Nos.131 & 135 of 2020
Sections 153A, 308 and 324, I.P.C. and moreover,
proceedings have also been initiated against him under Section 107 of Cr.P.C. for keeping peace in the locality. These facts would clearly indicate that the petitioner is a trouble-maker and has been involved in a number of criminal cases, all within the jurisdiction of Vatakara Police Station.
The learned Counsel for the petitioner would indicate that the petitioner is involved in politics and all these cases are registered against him with political motives. However, considering the fact that he has been involved in different cases, including the offences under Sections 153A and 308, apart from Section 324, and for committing riot. The petitioner cannot therefore be permitted to go abroad. Under the circumstances, I think that it is not yet appropriate to let the petitioner to apply and obtain a Passport, so as to enable him to go abroad. The crimes are mostly registered in the years 2013 to 2018 and some of them are to be even ripe for trial and therefore, at this juncture, it will not be appropriate to allow the petitioner to go abroad. Without granting him permission to go abroad, there is no meaning in allowing to apply
Crl.M.C.Nos.131 & 135 of 2020
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for a Passport. Hence, the learned Assistant Sessions
Judge was perfectly justified in dismissing the petitions. I find no reason to interfere with the orders. The Crl.M.Cs. are therefore dismissed.
Sd/-
dkr
ASHOK MENON
JUDGE
Crl.M.C.Nos.131 & 135 of 2020
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APPENDIX OF Crl.MC 131/2020
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | CERTIFIED COP | Y OF THE FIR IN CRIME |
|---|---|---|
| NO.323/2018 OF DATED 14.04.201 |
VATAKARA POLICE STATION 8. |
|
| ANNEXURE A2 | CERTIFIED COPY NO.323/2018 OF DATED 16.10.201 |
OF THE FINAL REPORT IN CRIME VATAKARA POLICE STATION 8. |
| ANNEXURE A3 | CERTIFIED COPY SESSIONS JUDGE |
OF THE ORDER OF ASSISTANT VATAKARA IN CMP 1200/2019 IN |
| SC 439/2019 VATAKARA POLICE |
IN CRIME NO.323/2018 OF STATION DATED 14.11.2019. |
|
| ANNEXURE A4 | CERTIFIED COPY | OF THE WOUND CERTIFICATE. |
Crl.M.C.Nos.131 & 135 of 2020
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APPENDIX OF Crl.MC 135/2020
PETITIONER'S/S EXHIBITS:
| ANNEXURE A1 | CERTIFIED COPY | OF THE FIR IN CRIME |
|---|---|---|
| NO.1355/2016 OF DATED 8.10.2016. |
VATAKARA POLICE STATION | |
| ANNEXURE A2 | CERTIFIED COPY OF NO.1355/2016 OF DATED 30.1.2017. |
THE FINAL REPORT IN CRIME VATAKARA POLICE STATION |
| ANNEXURE A3 | CERTIFIED COPY O SESSIONS JUDGE VA |
F THE ORDER OF ASSISTANT TAKARA IN CMP 1201/19 IN |
| SC 412/2019 IN | CRIME NO.1355/2016 OF | |
| VATAKARA POLICE ST | ATION DATED 14.11.2019. | |
| ANNEXURE A4 | CERTIFIED COPY OF | THE WOUND CERTIFICATE. |
2 issues framed by the court
Whether to permit a second accused person currently under investigation in multiple criminal cases to apply for a passport to go abroad.
Whether the discharge of applications for passport application is appropriate given the pendency of a dozen criminal cases and a police report deeming the petitioner a trouble-maker.
Abdul Basith
State of Kerala represented by Public Prosecutor
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
