Petitioner, a criminal accused employed abroad, challenged the one-year validity of his No Objection Certificate. The court modified the permission to a three-year period under the Passport Act, exempting him from a job agreement's two-year bond provision.
Permission granted to take passport for a period of three years instead of one year.
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.
CRL.MC NO. 7640 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 1ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944
CRL.MC NO. 7640 OF 2022
CRIME NO.479/2018 OF Tanur Police Station, Malappuram
CMP 2489/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
PARAPPANANGADI
PETITIONER/PETITIONER:
ABHIJITH, AGED 26 YEARS
S/O. JAYAPRAKASH, UNIKKAL HOUSE, NEDUVA P.O.,
PARIYAPURAM AMSOM DESOM,
TIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN - 676303
BY ADVS.
C.M.MOHAMMED IQUABAL
P.ABDUL NISHAD
RAIHANATH T.H.
ISTINAF ABDULLAH
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031
BY SRI.P.G.MANU-SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 7640 OF 2022
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O R D E R
The petitioner is the 5th accused in C.C.No.196/2019 on the file
of the Judicial First Class Magistrate Court, Parappanangadi (for short ‘the court below’).
under Sections 143, 147, 148, 447, 427, 506 and 294(b) r/w 149 of IPC.
Annexure A5. He doesn’t have a passport. In order to make an application for passport, he approached the court below and filed C.M.P.No.2489/2022 to issue no objection certificate under Section 6(2)
(F) of the Passport Act. The court below, after hearing both sides, granted permission to the petitioner to take the passport for a period of one year. The petitioner is aggrieved by the period of one year granted in the impugned order.
counsel for the petitioner and Sri.P.G.Manu, the learned Senior Public Prosecutor.
CRL.MC NO. 7640 OF 2022
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offering job to the petitioner is that he shall not leave the company
for a period of two years. Hence, the petitioner prays that he may be
granted permission to take the passport for a period of three years.
Having heard both sides, I am of the view that the permission granted in Annexure A3 to the petitioner to take the passport for a period of one year exempting him from the provisions of Section 6(2) (F) of the Passport Act can be modified for a period of three years.
Ordered accordingly. Crl.M.C is disposed of.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ab
CRL.MC NO. 7640 OF 2022
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APPENDIX OF CRL.MC 7640/2022
PETITIONER ANNEXURES
Annexure-A1THE TRUE COPY OF THE FINAL REPORT IN CRIME
NO. 479/2018 OF TANUR POLICE STATION DATED
01.02.2019
Annexure-A2THE TRUE COPY OF THE CASE STATUS OF C.C.NO.
196/2019 OF THE JFCM COURT, PARAPPANANGADI
Annexure-A3THE TRUE COPY OF ORDER IN C.M.P.2489/2022
IN C.C.NO.196/2019 OF JFCM COURT,
PARAPPANANGADI DATED 4.6.2022
Annexure-A4THE TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT OF THE PETITIONER DATED 30.6.2022
Annexure-A5THE TRUE COPY OF THE OFFER LETTER ISSUED BY
GREEN VALLEY EVENTS MANAGEMENT LLC, UAE
DATED 26.10.2022
RESPONDETS ANNEXURES: NIL
1 issue framed by the court
Whether the court below's one-year No Objection Certificate for passport issuance should be modified to three years to facilitate the petitioner's employment abroad.
Colour shows how this judgement treated each authority
N/AReferred
1 provisions across 1 enactments
ABHIJITH
STATE OF KERALA
KAUSER EDAPPAGATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court