Disposed

Binas Haneefa v. State of Kerala

Kerala HC29 Mar 2021Crl.MC/1094/2021

Case brief

AI extract

What is this about?

In Crl.MC.1094/21, the High Court of Kerala disposed of the petition allowing the applicant who sought passport revalidation an application for an Emergency Travel Document at the Consulate. The court permitted this remedy as the applicant was abroad facing imprisonment threat and must return to India for trial.

What did the court decide?

Permitted petitioner to submit an application for issuance of Emergency Travel Document before the Consulate General of India at Jeddah so that he may return to India to appear before the trial court.

Binas Haneefa Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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Crl.MC.1094/21

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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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MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

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Crl.MC.No.1094 OF 2021(F)

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AGAINST THE ORDER/JUDGMENT IN CC 1329/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,RANNI

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CRIME NO.11/2007 OF Ranni Police Station , Pathanamthitta

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PETITIONER/S:

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BINAS HANEEFA AGED 35 YEARS S/O.HANEEFA RAWUTHER,KARUMALIL HOUSE,KOTTANGAL VILLAGE, VAYPOORU.P.O, MALLAPALLY TALUK, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.JOHN JOSEPH(ROY)

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE,RANNY REPRESENTED THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM-682031.

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2 UNION OF INDIA REPRESENTED BY CONSULATE GENERAL OF INDIA,JEDDAH,296,AL ANDULUS,BUILDING OF MR. MANSOOR ABDHUL REHMAN AL HUEESH,JEDDAH-23322,SOUDI ARABIA

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R2 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

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OTHER PRESENT:

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PP T.R.RENJITH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.1094/21

V.G.ARUN, J.

----------------------------------------------CRL.M.C.No. 1094 of 2021

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----------------------------------------------Dated this the 29^th day of March, 2021

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O R D E R

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The petitioner is the accused in Crime No.11 of 2007 of the Ranni Police Station, registered for offences under Sections 447, 323 and 294 of IPC, now pending as C.C.No.1329 on the files of the Judicial First Class Magistrate Court, Ranni. The petitioner is employed at Saudi Arabia. The validity of his passport expired and the petitioner submitted an application to revalidate his passport at the Indian Consulate at Jeddah. Thereupon, the petitioner was required to produce the consent for revalidation issued by the jurisdictional court. Hence, the petitioner submitted Annexure-3 application, and the same stands rejected vide Annexure-4 order.

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Learned counsel for the petitioner submitted that the validity of the petitioner's passport having expired, he is under threat of being incarcerated at Saudi Arabia.

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Learned Public Prosecutor pointed out that the reason for rejection was the petitioner's conduct of having left for Saudi Arabia without obtaining permission from the court.

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Even though the conduct of the petitioner cannot be justified,

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Crl.MC.1094/21

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taking into consideration the possibility of the petitioner being imprisoned at Saudi Arabia, opinion of the Passport Authorities was sought.

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The learned counsel representing the Assistant Solicitor General submitted that, going by the Passport Act and the extant notifications, revalidation can be permitted only on permission being granted by the competent court. It was pointed out that, when faced with situation like the one under consideration, the Consulate General is empowered to issue an Emergency Travel Document, to enable the Indian Citizen to return to India.

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Such remedy being available, the petitioner should approach the competent officer in the Consulate General of India at Jeddah with an application pointing out his predicament and seeking issuance of the Emergency Travel Document. If such a request is made and if the petitioner satisfies all other requirements, there can be no impediment in issuing the Emergency Travel Document.

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In the result, the Criminal M.C. is disposed of, permitting the petitioner to submit an application for issuance of Emergency Travel Document before the Consulate General of India at Jeddah. In the event of the petitioner being issued with the Emergency Travel Document, he shall return to India and appear before the trial court without delay. Thereafter, the petitioner can submit an application seeking revalidation of his passport. In such event, the jurisdictional

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Crl.MC.1094/21

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Magistrate shall consider the application and pass appropriate orders

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thereon, as expeditiously as possible.

Sd/-

V.G.ARUN, JUDGE

vgs

Crl.MC.1094/21

APPENDIX

PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 TRUE COPY OF THE CHARGE SHEET FILED IN CRIME NO.11 OF 2007 OF THE RANNY POLICE BEFORE THE HON'BLE J.F.C.M.COURT,THIRUVALLA.

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ANNEXURE 2 TRUE COPY OF THE PASSPORT OF THE PETITIONER EXPIRED ON 15.12.2019.

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ANNEXURE 3 TRUE COPY OF THE APPLICATION FOR NOC SUBMITTED BEFORE THE HON'BLE J.F.C.M.COURT,RANNY THROUGH THE COUNSEL FOR THE PETITIONER

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ANNEXURE 4 TRUE COPY OF THE ORDER DATED 21.01.2021 OF THE HON'BLE J.F.C.M COURT RANNI IN C.C.NO.1329 OF 2013.

Binas Haneefa v. State of Kerala

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Binas Haneefa v. State of Kerala

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