Disposed

Abdul Joushan v. the State of Kerala

Kerala HC27 Oct 2020Crl.MC/1389/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous case, the High Court of Kerala permitted thesecond accused to make a fresh application regarding the release of his passport, directing the magistrate to consider it afresh after the investigation was completed.

What did the court decide?

Permitted the petitioner to make a fresh application for release of passport; directed Magistrate to consider it afresh.

Abdul Joushan Vs the State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2020)

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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 V.G.ARUN

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TUESDAY, THE 27TH DAY OF OCTOBER 2020 / 5TH KARTHIKA, 1942

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Crl.MC.No.1389 OF 2020(C)

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AGAINST THE ORDER IN CMP 5735/2019 DATED 17-12-2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARAGOD

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CRIME NO.303/2019 OF Manjeswar Police Station , Kasargod

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PETITIONER/2ND ACCUSED:

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ABDUL JOUSHAN AGED 21 YEARS S/O.AHAMMED ISMAIL, RESIDING AT JOSEENA MANZIL, PAVOOR.P.O., VORKADI VILLAGE, KASARAGOD DISTRICT.

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BY ADVS.

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SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENT/STATE:

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1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 THE STATION HOUSE OFFICER, MANJESHWAR POLICE STATION, MANJESHWAR.P.O., KASARAGOD DISTRICT-671323.

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OTHER PRESENT:

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SR.PP.C.S.HRITHWIK

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1389 OF 2020(C) ..2..

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ORDER

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Dated this the 27th day of October 2020

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The petitioner is the second accused in Crime No.303/2019 of Manjeshwar Police Station, alleging commission of offence punishable under Section 420 r/w 34 of IPC. The petitioner had moved the jurisdictional Magistrate Court with an application seeking release of his passport, which is rejected by Annexure-A1 order. The reasons for rejection are that the first accused is absconding and the submission of the prosecution that, detailed investigation is necessary to verify the allegation of visa scam.

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The learned counsel for the petitioner submits that the investigation has since been completed and final report filed. It is submitted that the petitioner has got an opportunity for employment abroad. The limited prayer made by the learned Counsel for the

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Crl.MC.No.1389 OF 2020(C) ..3..

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petitioner is for a permission to approach the jurisdictional Magistrate again and for a direction to consider the application afresh.

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I have heard the learned Public Prosecutor also.

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Considering the limited request, as also the fact that the investigation in the case is complete and final report filed, the petitioner is permitted to make fresh application for release of his passport. While making such application, the petitioner shall give the details regarding his proposed employment. In such event, the learned Magistrate may consider the application afresh, untrammeled by the observations in Annexure-A1 and pass appropriate orders thereon.

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The Criminal M.C.is disposed of accordingly.

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Sd/V.G.ARUN JUDGE

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SB/27/10/2020

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Crl.MC.No.1389 OF 2020(C) ..4..

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1

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THE TRUE CERTIFIED COPY OF THE ORDER DATED 17.12.2019 IN C.M.P.NO.5735/2019 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, KASARAGOD.

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//true copy// P.A to Judge

Abdul Joushan v. the State of Kerala

Case brief

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Abdul Joushan v. the State of Kerala

Case brief

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