Disposed

Jibumon K.J. v. Union of India

Kerala HC22 Mar 2024WP(C)/813/2021

Case brief

AI extract

What is this about?

Petitioner sought a full validity passport despite a pending criminal case. The court clarified that while a pending case mandates a short-term passport, full validity may be issued upon producing a future court order permitting travel for a longer duration.

What did the court decide?

Petitioner permitted to approach the competent criminal court for a longer duration passport order; the Regional Passport Officer shall then consider the application.

Jibumon K.J. Vs Union of India — Service and Employment | Kerala HC (2024)

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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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FRIDAY, THE 22ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946
WP(C) NO. 813 OF 2021

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PETITIONER:

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JIBUMON K.J.
AGED 29 YEARS
S/O. K.J.SABU, KARACKAL HOUSE,
KADAPPATTOOR, PALA, KOTTAYAM-686574.

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BY ADV I.DINESH MENON

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RESPONDENTS:

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1UNION OF INDIA
MINISTRY OF EXTERNAL AFFAIRS,
REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR,
COCHIN-682 036.

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2THE REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE,
PANAMPILLY NAGAR, COCHIN-682 036.

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BY ADVS.
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.DAYA SINDHU SHREEHARI N.S-CGC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.813 OF 2021
 2

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JUDGMENT

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Dated this the 22^nd day of March, 2024

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The petitioner had submitted application for issuance of Passport on 04.08.2020. In fact, the petitioner was accused in a Criminal Case C.C No.493/2019 on the files of the Judicial First Class Magistrate's Court-1, Pala arising from Crime No.1338/19 of the Pala Police Station for offences punishable under Sections 341, 294(b), 323, 325 and 427 read with Section 34 IPC. He was acquitted in the said case by Ext.P1 judgment dated 25.11.2019.

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The petitioner states that he was also arrayed as an accused in Crime No.607/16 of the Pala Police Station for offences punishable under Sections 469 and 509 IPC read with Section 67 & 67 (A) of the Information Technology Act. The said case is now pending as CC No.847/2016 before the

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WP(C) NO.813 OF 2021

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Judicial First Class Magistrate's Court-1, Pala and stands posted to 30.10.2020 for further evidence. On account of an inadvertent omission, the petitioner had omitted to include the details pertaining to Ext.P2 in the application submitted for issuance of passport. The petitioner was not aware that he had to submit the details regarding the above case at the time of preferring the application for getting the Passport.

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The petitioner is now in receipt of Ext.P3 communication from the 2^nd respondent stating that there is an adverse Police Verification Report corresponding to the application of the petitioner and requiring suitable explanation to be preferred with respect to the same. In fact, the mere fact that criminal case is pending, is not a ground for nonconsideration of the application for issuance of Passport and the 2^nd respondent is bound to consider the application notwithstanding pendency of the criminal case and grant a full validity Passport to the petitioner.

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WP(C) NO.813 OF 2021

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By Ext.P5 order, the Magistrate’s Court has

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granted No Objection Certificate. The petitioner cannot aspire for a job abroad with a Passport valid for one year. There is absolutely no bar in issuance of a full validity passport to the petitioner, in the light of Ext.P5 order, contends the petitioner.

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In the light of the afore facts, the petitioner seeks

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the following reliefs:-

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“(i) Issue a writ in the nature of mandamus or any other writ, direction or orders commanding the 2^nd respondent to forthwith issue a Passport will full term validity to the petitioner on the basis of his application notwithstanding the pendency of Ext.P2.

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(ii) Issue a writ in the nature of mandamus or any such other writ, direction or orders commanding the 2^nd respondent to forthwith reconsider the application for issuance of Passport to the petitioner and issue full validity Passport.”

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Heard.

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As per the existing Rules and guidelines, the

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petitioner can be issued only a short validity Passport in

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continuation, as per Government of India Ministry of External

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WP(C) NO.813 OF 2021
 5

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Affairs No.GSR 570(E) along with the No Objection Certificate / order received from the Trial Court. The petitioner is aggrieved by the order dated 18.11.2023 of the Trial Court. The said order restricts the validity of the Passport and the period of travel abroad for one year. It is for that reason that the petitioner has approached this Court.

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In the facts of the case, the writ petition is disposed of permitting the petitioner to obtain orders from the competent Jurisdictional Criminal Court for a longer duration Passport. As and when the petitioner produces such order of the Jurisdictional Criminal Court for longer validity Passport, the 2^nd respondent-Regional Passport Officer shall consider the application in accordance with law.

N.NAGARESH

JUDGE

hmh

WP(C) NO.813 OF 2021

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APPENDIX OF WP(C) 813/2021

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF THE JUDGMENT DATED
25.11.2019 IN C.C. 493/19.
EXHIBIT P2TRUE COPY OF THE FINAL REPORT DATED
30.11.2016.
EXHIBIT P3TRUE COPY OF THE COMMUNICATION DATED
11.8.2020.
EXHIBIT P4TRUE COPY OF THE JUDGMENT DATED
2.11.2020.
EXHIBIT P5TRUE COPY OF THE ORDER DATED
18.11.2020 IN CMP NO.2382/2020 IN CC
NO.847/2016.
EXHIBIT P6TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT.

Jibumon K.J. v. Union of India

Case brief

What is this about?

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Jibumon K.J. v. Union of India

Case brief

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