Allowed

Rajesh Babu v. State of Kerala

Kerala HC15 Sept 2023Crl.MC/3828/2023

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a criminal miscellaneous case arising in a passport dispute. The court directed the applicant to file a fresh application in the pending Sessions Court trial court for passport reissue and travel abroad, considering the proceedings at the committal stage.

What did the court decide?

Permitted the applicant to file a fresh application before the District and Sessions Court for permission to go abroad and for reissue of passport.

Rajesh Babu Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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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 GOPINATH P.

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FRIDAY, THE 15TH DAY OF SEPTEMBER 2023 / 24TH BHADRA, 1945
CRL.MC NO. 3828 OF 2023

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IN CRIME NO.377/2021 OF THIRUNELLY POLICE STATION, WYNADU
PETITIONER/SOLE ACCUSED:

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RAJESH BABU,
AGED 45 YEARS,
S/O.PADMANABHAN, RAJESH BHAVAN, CHITHARA, KADAKKAL,
KOLLAM – 691 536.
BY ADV K.R.SUNIL

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RESPONDENT/COMPLAINANT:

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1STATE OF KERALA,
THROUGH SUB INSPECTOR OF POLICE, THIRUNELLI POLICE
STATION, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA – 682 031.

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2THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD,
NEAR IDBI CORPORATE BRANCH, PANAMPILLY NAGAR,
KOCHI – 682 036.

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SRI. NOUSHAD K A (SR PP)
SRI.S.MANU, DSGI

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3828 OF 2023

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ORDER

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The petitioner is the accused in Crime No.377 of 2021 of Thirunelly Police Station, alleging commission of offences under Sections 376(2)(n) and 506 of the Indian Penal Code. The petitioner has filed this Crl.M.C challenging Annexures A1 and A2 orders of the Judicial First Class Magistrate Court – II, Mananthavady on applications filed by the petitioner for permission to renew his passport and also for permission to travel abroad. The petitions were filed and the matter was considered by the Judicial First Class Magistrate Court - II, Mananthavady at a time when the proceedings in Crime No.377 of 2021 were at committal stage as C.P.No.10 of 2022 before the Magistrate Court.

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The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent of the allegations levelled against him. It is submitted that the petitioner and the alleged victim were residing together for quite a long time. It is submitted that the relationship between them was purely consensual and there was no element of rape or intimidation as alleged. It is submitted that the petitioner was working as a Director in a company in Ajman, U.A.E and the passport has to be

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CRL.MC NO. 3828 OF 2023

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renewed for a minimum period of six months to enable the petitioner to even travel abroad. It is submitted that to renew his residence permit in Ajman, U.A.E, the passport validity must be atleast for a period of one year.

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The learned Public Prosecutor and the learned Central Government Counsel appearing for the Regional Passport Officer submit that when a passport is applied for by a person facing a criminal charge, the matter has to be considered by the concerned Passport Officer in terms of the provisions contained in GSR 570 (E) issued by the Ministry of External Affairs. It is submitted that if the petitioner is given permission to go abroad for a certain period, a fresh passport will be issued to the petitioner for the period for which the petitioner is permitted to go abroad. It is submitted that the case has been committed to the Court of Sessions and is now pending as S.C.No.239 of 2023 before the District and Sessions Court, Kalpetta.

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Having heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned Central Government Counsel, I am of the view that the petitioner can be now permitted to make a fresh application before the District and Sessions Court, Kalpetta, where S.C.No.239 of 2023 is pending, for permission to

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CRL.MC NO. 3828 OF 2023

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go abroad and for reissue of passport. If such application is filed before the Sessions Court, the Sessions Court shall consider the application also keeping in mind the judgment of this Court in Thadevoose Sebastian v. Regional Passport Office [2021(5) KLT 531]. The Sessions Court shall consider and pass orders on any application that may be filed by the petitioner untrammeled by the fact that the earlier applications filed by the petitioner were disposed of by the Magistrate Court through Annexures – A1 and A2 orders and also keeping in mind the requirement of the personal presence of the petitioner in proceedings before that Court.

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This Crl.M.C is disposed of as above.

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Sd/GOPINATH P. JUDGE

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CRL.MC NO. 3828 OF 2023

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APPENDIX OF CRL.MC 3828/2023

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PETITIONER ANNEXURES
Annexure A1THE CERTIFIED COPY OF THE ORDER DATED
11 .4.2023 IN CRL.MP NO.314/2023 OF
THE JFMC-II MANANTHAVADY.
Annexure A2THE CERTIFIED COPY OF ORDER DATED
11.4.23 IN CRL.MP NO.315/2023 OF THE
JFMC-II MANANTHAVADY
Annexure A3THE ORDER OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT - II, MANANTHAVADY IN
CRL.MP NO. 209 OF 2023, DATED
14/03/2023

Rajesh Babu v. State of Kerala

Case brief

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Rajesh Babu v. State of Kerala

Case brief

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