Allowed

Nikhil Babu v. Regional Passport Officer

Kerala HC18 May 2022WP(C)/15274/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition seeking a Police Clearance Certificate for the petitioner, a third accused in a pending criminal case granted leave to travel abroad. Directing the Regional Passport Officer to issue the certificate by amending the Appendix-32 specimen, the Court held that mere registration in a crime case does not deem an accused a convict under the Passport Act.

What did the court decide?

The Regional Passport Officer was directed to issue a Police Clearance Certificate by making appropriate changes in the specimen contained in Appendix-32 within one week.

Nikhil Babu Vs Regional Passport Officer — Constitutional and Fundamental Rights | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶4

WEDNESDAY, THE 18TH DAY OF MAY 2022 / 28TH VAISAKHA, 1944

¶5

WP(C) NO. 15274 OF 2022

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PETITIONER:

¶7

NIKHIL BABU,
AGED 25 YEARS,
S/O PURUSHOTHAMAN VALIYAVEETTIL,
SHIVATHEERTHAM, MELUR P.O,
PALAYAD, THALASSERY
KANNUR DISTRICT, PIN 670 661.

¶8

BY ADVS.
S.K.SAJU
RAJAN VELLOTH

¶9

RESPONDENTS:

¶10

1REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE KOZHIKODE,
ERANHIPALAM P.O, KOZHIKODE
PIN 673 006.

¶11

2STATE OF KERALA,
REPRESENTED BY GOVERNMENT PLEADER,
HIGH COURT OF KERALA, PIN – 682031.

¶12

BY ADV MANU S. ASG OF INDIA
 JUSTIN JACOB, SR.GOVERNMENT PLEADER

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 15274 OF 2022 -2-

¶15

JUDGMENT

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The grievance of the petitioner in the instant writ petition is that being the 3^rd accused in the Crime Case bearing No.679 of 2017 registered with Dharmadam Police Station under Sections 143, 147, 148, 448, 427 read with 149 of the Indian Penal Code has been granted conditional permission vide Ext.P3 order dated 27.04.2022 by concerned Judicial Magistrate of First Class, Thalassery to go abroad in pursuit of his job. It is contended that petitioner had submitted an application before the concerned Regional Passport Authority for issuance of Police Clearance Certificate but the same has not been issued as there is no provision in Appendix-32 of the Passport Manual.

¶17

Assistant Solicitor General accepts notice on behalf of respondent No.1 and Mr.Justin Jacob, Government Pleader, for respondent No.2.

¶18

Ms.Krishna, learned counsel appearing on behalf of Sri.Manu.S., learned Assistant Solicitor General

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WP(C) NO. 15274 OF 2022 -3-

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submits that similar controversy with regard to the provisions in Appendix-32 under Chapter 14 of the Passport Manual, 2010 this Court in Writ Petition (C) No.17204 of 2021 decided on 16.09.2021 had, by relying upon the judgment of this Court in Jayan V. Union of India [2018 (4) KLT 1077] observed that mere registration of a Crime would not invoke either Sections 6 or 10 of the Passport Act and issued directions to the concerned Regional Passport Officer to issue Police Clearance Certificate by making appropriate changes in the specimen contained in Appendix-32. Copy of the judgment has been handed over to this Court during the course of the argument.

¶21

I have heard learned counsel for the parties and appraised the paper books.

¶22

The admitted facts on record are that the petitioner is the third accused in the Crime Case bearing No.679/2017 of Dharmadam Police Station which is pending adjudication before the Court of Judicial

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WP(C) NO. 15274 OF 2022 -4-

¶24

Magistrate of the First Class, Thalassery whereby on an application submitted by the petitioner vide order dated 27.04.2022 Ext.P3, permission has been granted by the concerned Court to go abroad in pursuit of the job considering the fact that the case is of 2018 and evidence is yet to start. But petitioner has specifically pleaded of having submitted application to the first respondent on 29.04.2022 for issuance of the Police Clearance Certificate but expresses apprehension of non-issuance of the same in view of the fact that there is no provision in the Appendix-32 of the Passport Manual. Since this Court had already in the jugment referred above issued directions to the Regional Passport Officer to issue Police Clearance Certificate on the ground that mere registration of the criminal case would not term the applicant as a convict and attract the provisions of Sections 6 and 10 of the Indian Passport Act, 1967 and directed issuance of the Police Clearance Certificate by causing the amendment in the certificate.

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WP(C) NO. 15274 OF 2022 -5-

¶26

The present writ petition is allowed in terms of the aforementioned order by issuing directions to respondent No.1 to issue Police Clearance Certificate by making appropriate changes in the specimen contained in Appendix-32 within a period of one week from the date of receipt of a certified copy of the judgment.

¶27

Sd/AMIT RAWAL JUDGE

¶28

vv

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WP(C) NO. 15274 OF 2022 -6-

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APPENDIX OF WP(C) 15274/2022

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PETITIONER EXHIBITS

¶32

Exhibit1TRUE COPY OF THE NOTICE DATED
7.03.2022
Exhibit2TRUE COPY OF THE JUDGMENT DATED
21.03.2022 IN WPC 9459 OF 2022
Exhibit3TRUE COPY OF THE ORDER DATED
27.04.2022 IN CMP 715/2022

Nikhil Babu v. Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Nikhil Babu v. Regional Passport Officer

Case brief

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