Petitioner seeking passport renewal after failing to disclose pending matrimonial case. Court directed issuance of Emergency Certificate to enable return to India for closure of case, with passport renewal thereafter.
Directed issue of Emergency Certificate to petitioner to enable return to India for closure of criminal proceedings.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 3RDDAY OF MARCH 2023 / 12TH PHALGUNA,1944
WP(C) NO. 5849 OF 2023
PETITIONER:
USMAN THERUVATH KUNHUMON
AGED 45 YEARS
S/O. KUNHUMON, PULIKKAL HOUSE,V/326, CHAVAKKAD,
KADAPURAM P.O, THRISSUR DISTRICT-680514,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER BASHEER,
AGED 50 YEARS, S/O. KUNHIMUHAMMED, THERUVATH HOUSE,
BABY ROAD, THIRUVATHRA P.O, CHAVAKKAD
THRISSUR DISTRICT, PIN - 680516.
BY ADV MAHESH V.MENON
RESPONDENTS:
1UNION OF INDIA,
NEW DELHI, REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS,
NEW DELHI, PIN - 110001.
2EMBASSY OF INDIA, KUWAIT
DIPLOMATIC ENCLAVE, ARABIAN GULF STREET, P.O.
BOX 1450, SAFAT-13015, KUWAIT 400005, REPRESENTED BY
FIRST SECRETARY, CONSULAR.
3 THE REGIONAL PASSPORT OFFICERPASSPORT OFFICE, COCHIN, ERNAKULAM, PIN - 682036.
SRI.MANU S DSGI
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON03.03.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:
W.P.(C) No.5849 of 2023
2
JUDGMENT
The petitioner herein is the holder of Indian Passport No.L0037996. The validity of the passport is due to expire on 22.4.2023. In the said circumstances, he filed an application for renewal of the passport. The enquiry conducted by the respondents revealed that at the time of submission of the application, the petitioner had failed to mention that he was involved in Crime No.1756/2014 of the Chavakkad Police Station, which was pending as CC No.2852/2014 on the file of the Judicial First Class Magistrate, Chavakkad. According to the petitioner, the said complaint was lodged by the wife of the petitioner's brother alleging matrimonial cruelty. The petitioner was not aware of the proceedings. The petitioner also submits that the enquiry conducted by him revealed that the case is now posted for mediation as is borne out from Ext.P3. It is on these assertions that he has approached this Court seeking directions to the respondents to renew the passport and for ancillary reliefs.
W.P.(C) No.5849 of 2023
3
would be in a position to come back to India and close the criminal proceedings. It is also submitted that the omission on the part of the petitioner to disclose the pendency of the crime was not willful.
In that view of the matter, this writ petition is ordered by issuing the following directions:-
(i) The petitioner shall forthwith approach the 2nd respondent and file an application for Emergency Certificate to enable him to come back to India. If such an application is filed, the same shall be considered in accordance with law and the certificate shall be issued notwithstanding the pendency of the crime.
W.P.(C) No.5849 of 2023
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(ii) The petitioner after returning back to India may file
a fresh application for renewal after obtaining appropriate
sanction from the court.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
Sru
W.P.(C) No.5849 of 2023
5
APPENDIX OF WP(C) 5849/2023
PETITIONER EXHIBITS
ExhibitP1A TRUE COPY OF PETITIONER'S INDIAN PASSPORT
NO. NO.L0037996 DATED 23.04.2013.
Exhibit P2A TRUE COPY OF LETTER DATED 07.11.2022 ISSUED
BY THE CONSULATE EMBASSY OF INDIA KUWAIT TO
THE PETITIONER.
Exhibit P3A COPY OF E-COURT PROCEEDINGS OF CC 2852/2014
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, CHAVAKKAD.
RESPONDENTS EXHIBITS : NIL
1 issue framed by the court
Whether the petitioner can be issued an Emergency Certificate to return to India despite pending criminal proceedings due to non-disclosure of pendency.
1 provisions across 1 enactments
USMAN THERUVATH KUNHUMON
UNION OF INDIA
EMBASSY OF INDIA, KUWAIT
THE REGIONAL PASSPORT OFFICER, COCHIN
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court