The court disposed of a writ petition filed by a builder whose passport renewal was refused by the Passport Office due to the pendency of a criminal case. The court relied on a statement from the SHO that the police had already filed a refer report treating the case as 'civil nature', finding no legal impediment to passport renewal.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
MONDAY, THE 4TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944
WP(CRL.) NO. 281 OF 2022
PETITIONER:
PRINCE JOSEPH VELLUKUNNEL AGED 65 YEARS SON OF JOSEPH GEORGE, 17 D, EXPRESS ESTATE, K.K.ROAD, KALOOR P.O, ERNAKULAM, PIN - 682017 BY ADVS. PEEYUS A.KOTTAM JOMON J. MALIEKAL MARIYA P KOTTAM AJMAL AHMED R. ARJUN S BENEDICT
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 REGIONAL PASSPORT OFFICE KOCHI REPRESENTED BY THE REGIONAL PASSPORT OFFICER, PANAMPILLY NAGAR, ERNAKULAM, COCHIN, PIN - 682036 3 STATION HOUSE OFFICER ERNAKULAM TOWN SOUTH POLICE STATION, MAHATMA GANDHI RD, THEVARA JUNCTION, PERUMANOOR, KOCHI, PIN - 682015 BY ADV PUBLIC PROSECUTOR SRI. HRITHWIK C.S-SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl) No.281 of 2022
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JUDGMENT
This is a Writ Petition filed under Article 226 of the Constitution
by the person who is shown as accused in Crime No.1105/2011 of Ernakulam Town South police station. According to the petitioner, he is a builder. Police has registered five crimes against the petitioner alleging offence under Sections 406 and 420 of the IPC etc. All the four crimes were referred as 'civil nature' and refer reports were filed, but no final report is yet filed in Crime No.1105/2011. Petitioner had moved an application for renewing the passport before the 2nd respondent, but in the light of the pendency of Crime No.1105/2011, in which an adverse report was produced, the 2nd respondent is not renewing the passport. Therefore, he seeks a writ of mandamus or any other appropriate writ, order or direction, commanding the 3rd respondent, the Investigating Officer, to submit the refer report before the Additional Chief Judicial Magistrate Court, (Economic Offences) Ernakulam and if the above crime is already referred, the 2nd respondent be directed to renew his passport within a time frame.
W.P.(Crl) No.281 of 2022
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the Central Government.
statement from the SHO, Ernakulam Town South police station, where it is stated that after completing the investigation a refer report has already been filed as 'civil nature' before the Additional Chief Judicial Magistrate, (Economic Offences) Ernakulam. It appears that the said refer report is not produced before the Court. Whatever it may be, now it is very patent that the police has already formed an opinion to refer the case as 'civil nature', and sent the report before the court concerned. Recording the same, the Writ Petition is disposed of. The statement of the SHO, Town South police station shall be taken on board. In the light of the same, there is no legal impediment in renewing the passport.
Writ Petition is disposed of as above.
Sd/-
K.HARIPAL JUDGE
Jms/04.04
//True Copy// P.A to Judge
W.P.(Crl) No.281 of 2022
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APPENDIX OF WP(CRL.) 281/2022
PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LETTER DATED 23.02.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE PAGE NO. 1, 2 AND 3 OF THE PETITIONER’S PASSPORT BEARING NO. Z1970704
2 issues framed by the court
Whether the petitioner is entitled to a writ directing the police to submit a refer report or the Passport Office to renew his passport given the alleged pendency of a criminal case.
Whether there is a legal impediment to renewing the petitioner's passport in light of the police opinion to refer the case as 'civil nature'.
1 provisions across 1 enactments
PRINCE JOSEPH VELLUKUNNEL
STATE OF KERALA
REGIONAL PASSPORT OFFICE KOCHI
STATION HOUSE OFFICER ERNAKULAM TOWN SOUTH POLICE STATION
K.HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
