Disposed

Jomon Varghese v. Regional Passport Officer

Kerala HC14 Mar 2024WP(C)/3151/2023

Case brief

AI extract

What is this about?

Petitioner sought a writ of mandamus directing the Regional Passport Office to issue him a passport notwithstanding registration of crimes against him. The court disposed of the petition permitting him to seek permission from the competent jurisdictional criminal court and approach the passport authority with such order for expeditious decision.

What the court decided

AI extract

Jomon Varghese Vs Regional Passport Officer — Kerala HC (2024) — LawSathi Research

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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 N.NAGARESH

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THURSDAY, THE 14^TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 WP(C) NO. 3151 OF 2023

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PETITIONER:

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JOMON VARGHESE AGED 36 YEARS, S/O.JOSEPH VARGHESE, MUKKADAYIL HOUSE, PALATHURUTHY, KADAVANTHARA P.O. ERNAKULAM DISTRICT – 682020.

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BY ADVS. M.G.JEEVAN SANIYA JOSE MAMPILLY

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RESPONDENTS:

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1 REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE, NEAR IDBI CORPORATE BRANCH, SHIHAB THANGAL ROAD, PANAMPILLY NAGAR P.O. COCHIN., PIN – 68203.

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2 STATION HOUSE OFFICER MUNAMBAM POLICE STATION, MUNAMBAM KARA, PALLIPORT P.O. KOCHI TALUK, ERNAKULAM DISTRICT., PIN – 683515.

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BY ADVS. MANU S. DSG OF INDIA K.M.FAIZAL, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.3151 of 2023

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:2:

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J U D G M E N T

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Dated this the 14^th day of March, 2024

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The petitioner, who has submitted an application for

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issuance of Passport, has filed this writ petition seeking the

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following reliefs:-

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“i) A writ of mandamus or any other appropriate writ or direction to the 1^st respondent-Passport authority to issue Passport to the petitioner and not to refuse the Passport to petitioner merely on the basis of a registration of Ext.P2 crime against the petitioner, without following the procedure prescribed in law.

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ii) Other appropriate writ or direction this Hon'ble Court deem fit and proper for the circumstances in this case.

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iii) This Hon'ble Court may be pleased to dispense with filing of the translation of vernacular documents.”

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2. Deputy Solicitor General of India submitted that if

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a crime is registered against the petitioner, then the

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petitioner can aspire to get a Passport only after obtaining permission from the competent jurisdictional criminal court.

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W.P.(C) No.3151 of 2023

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:3:

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In view of the afore facts, the writ petition is disposed

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of permitting the petitioner to obtain permission from the competent jurisdictional criminal court and approach the 1^st respondent-Regional Passport Officer with appropriate application. If the petitioner obtains court order and makes application for issuance of Passport, the 1^st respondent shall take appropriate decision expeditiously.

Sd/-

N. NAGARESH

JUDGE

ams

W.P.(C) No.3151 of 2023

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:4:

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APPENDIX OF WP(C) 3151/2023

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE PHOTO COPY OF JUDGMENT DATED 5.2.2018 IN O.P.(C)1548/2016 OF HON'BLE HIGH COURT OF KERALA.

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Exhibit P2

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TRUE PHOTO COPY OF FIRST INFORMATION REPORT IN CRIME NO.678/2022 DATED 27.6.2022 OF MUNAMBAM POLICE STATION, ERNAKULAM.

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Exhibit P3 TRUE PHOTO COPY OF FIRST INFORMATION STATEMENT DATED 26.6.2022 IN CRIME NO. 678/2022 OF MUNAMBAM POLICE STATION, ERNAKULAM.

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Exhibit P4 TRUE PHOTO COPY OF FIRST INFORMATION REPORT IN CRIME NO. 683/2022 DATED 28.6.2022 OF MUNAMBAM POLICE STATION, ERNAKULAM.

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Exhibit P5 TRUE PHOTO COPY OF FIRST INFORMATION STATEMENT IN CRIME NO. 683/2022 DATED 28.6.2022 OF MUNAMBAM POLICE STATIO, ERNAKULAM.

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Exhibit P6 TRUE PHOTO COPY OF COMMUNICATION DATED 4.11.2022 ISSUED FROM REGIONAL PASSPORT OFFICE, COCHIN.

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Exhibit P7

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TRUE PHOTO COPY OF EXPLANATION LETTER DATED 5.12.2022 FURNISHED BEFORE REGIONAL PASSPORT OFFICE, COCHIN, BY PETITIONER.

Jomon Varghese v. Regional Passport Officer

Case brief

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What the court decided

Jomon Varghese v. Regional Passport Officer

Case brief

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What the court decided

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