Noushad v. State of Kerala
Case brief
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT THE…
What did the court decide?
Modified order to issue NOC for passport with two-year validity to enable travel abroad.
COURT OF KERALA AT ERNAKULAM PRESENT THE…
Modified order to issue NOC for passport with two-year validity to enable travel abroad.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA,
1944
CRL.MC NO. 9061 OF 2022
AGAINST THE ORDER/JUDGMENT CMP 2636/2022 OF TEMPORARY JUDL. FIRST CLASS MAGISTRATE COURT, NJARAKKAL
PETITIONER/ACCUSED NO 2:
NOUSHAD
AGED 42 YEARS
S/O SULAIMAN, VALLIYAKATH HOUSE, VENMANAD TALUK, PARAVATTY, CHAVAKKAD, THRISSUR, PIN - 680506
BY ADV P.A.MUJEEB
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PULIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
ADV SREEJA V -SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C No. 9061 of 2022
ORDER
The petitioner is the 2nd accused in Crime No. 536/2010 of Munambam Police Station, which is now pending as C.C NO. 2447/2015 before the Judicial First Class Magistrate Court, Njarakkal. The offences alleged against the petitioner are punishable under Sections 3, 4 and 5 of the Immoral Traffic Prevention Act, 1956.
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Crl.M.C No. 9061 of 2022
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Crl.M.C No. 9061 of 2022
am of the view that some indulgence can be shown to the petitioner. As mentioned above, the petitioner is already granted permission to go abroad for two years, whereas the validity of the NOC issued to the petitioner for getting the passport renewed, expires on 31.08.2023. It is the case of the petitioner that, in the absence of renewal of passport with a minimum validity of two years, it may not be possible for him to secure any employment abroad. Therefore, practically the petitioner would not be getting any benefit from the order passed by the learned Magistrate, and the purpose behind the application itself would be defeated.
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have the passport with a validity of two years from the date of
its issuance so as to enable the petitioner to go abroad as permitted in condition no 3 of the Annexure-A2 order.
Subject to the above, this Crl.M.C Is disposed of.
Sd/-
ZIYAD RAHMAN A.A. JUDGE
rpk
Crl.M.C No. 9061 of 2022
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APPENDIX OF CRL.MC 9061/2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE PASSPORT IN THE NAME OF THE PETITIONER Annexure A2 CERTIFIED COPY OF THE ORDER IN CMP NO.2636/2022 DATED 19/11/2022 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARACKKAL
NOUSHAD
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
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