Allowed

Shivajith, @ Jinu, v. State of Kerala

Kerala HC24 Sept 2020Crl.MC/3833/2020

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition rejecting the Magistrate's refusal to consider a passport renewal application. The refusal was based on pandemic adjournment protocols. The Court directed the Magistrate to review the application afresh on the next posting date with reference to statutory powers and precedents. No legal advice.

What did the court decide?

The impugned order refusing to consider passport renewal was set aside. The Magistrate is directed to consider the application afresh on 6.10.2020 and pass appropriate orders.

Shivajith, @ Jinu, Vs State of Kerala — Criminal Trial and Appeal | 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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THURSDAY, THE 24TH DAY OF SEPTEMBER 2020 / 2ND ASWINA, 1942

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Crl.MC.No.3833 OF 2020(H)

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AGAINST THE ORDER/JUDGMENT IN CC 608/2017 DATED 16-07-2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS,NEYYATTINKARA (TEMPORARY)

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CRIME NO.860/2011 OF Vizhinjam Police Station , Thiruvananthapuram

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PETITIONER/S:

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SHIVAJITH, @ JINU, AGED 28 YEARS S/O. SHIVARAJAN, RUGMINI BHAVAN, T.C. 18/1642(1) PARAPOTTA, ANAYIDAVAZHI, PLAVILA, THRIKANNAPURAM, THIRUMALA P.O. THIRUVANANTHAPURAM DISTRICT 695 006.

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BY ADV. SRI.S.NIKHIL SANKAR

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RESPONDENT/S:

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STATE OF KERALA

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REP. BY PUBLIC PROSECUTOR COURT OF KERALA, 682 031 REPRESENTING THROUGH STATION HOUSE OFFICER, VIZHINJAM POLE STATION, THIRUVANANTHAPURAM DISTRICT 695 521.

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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 24.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.3833/2020

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V.G.ARUN, J.

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----------------------------------------------CRL.M.C.No.3833 of 2020

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Dated this the 24^th day of September, 2020

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O R D E R

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The grievance of the petitioner is regarding the refusal to consider his application seeking direction to renew his passport. The application was rejected under Annexure E order by the learned Magistrate stating that in the prevailing pandemic situation, cases are adjourned by notification, in accordance with the advisory dated 15.5.2020 issued by the High Court. From the order it is evident that C.C.No.608 of 2017, in which the petitioner is the 1^st accused is posted on 6.10.2020. Considering that the crime against the petitioner was registered in the year 2011 and the Calender Case is of the year 2017,

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it is only appropriate to take up the application and pass orders thereon without further delay.

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The learned counsel for the petitioner relied on the decisions of this Court in Hydrali v. State of Kerala and Another [2013 KHC 2495] and S.K.Asok Kumar v. State of Kerala [2009 KHC 557], which deal with the powers of Magistrate Courts with regard to the issuance of direction for release/renewal of passport.

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In the result, the Crl.M.C is allowed. Annexure E order is set aside and the learned Magistrate is directed to consider the petitioner's

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Crl.MC.3833/2020

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application afresh on the next posting date, i.e., on 6.10.2020 and pass appropriate orders thereon. While effecting such consideration, the learned Magistrate shall refer to Section 6(2)(f) of the Passport Act, the relevant notification issued by the Central Government and the aforementioned decisions and pass the order on 6.10.2020 itself.

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Sd/- V.G.ARUN, JUDGE

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vgs

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Crl.MC.3833/2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO. 860/2011 OF VIZHINJAM POLICE STATION. ANNEXURE B TRUE COPY OF THE PASSPORT OF THE PETITIONER BEARING NO. J 5112397. ANNEXURE C TRUE COPY OF THE OBJECTION ISSUED BY REGIONAL PASSPORT OFFICE TRIVANDRUM TO PETITIONER DATED 30/06/2020.

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ANNEXURE D TRUE COPY OF THE APPLICATION BEARING C.M.P. NO. 1993/2020 IN C.C. NO. 608/2017 BEFORE THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE COURT VII TEMPORARY COURT, NEYYATTINKARA.

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ANNEXURE E CERTIFIED COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT VII TEMPORARY COURT, NEYYATTINKARA IN C.M.P. NO. 1993/2020 IN C.C. NO. 608/2017 DATED 16/07/2020.

Shivajith, @ Jinu, v. State of Kerala

Case brief

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Shivajith, @ Jinu, v. State of Kerala

Case brief

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