IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 20278 of 2009(D) -------------------------- PETITIONER(S): --------------- PRINCE, AGED 25, S/O.MURALEEDHARAN, MONCY BHAVANAM, CHOOLATHERUVU P.O., WARD NO.3, ARATTUPUZHA PANCHAYATH, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR RESPONDENT(S): --------------- 1. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, ERNAKULAM. 2. THE UNION OF INDIA REPRESENTED BY SECRETARY TO EXTERNAL AFFAIRS, CENTRAL MINISTRY, NEW DELHI. 3. THE SUB INSPECTOR OF POLICE, KANAKAKKUNNU POLICE STATION, ALAPPUZHA. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).20278/2009 -------------------- Dated this the 20th day of July, 2009 JUDGMENT Petitioner has applied for a passport and according to him, his application has not been considered by the respondent on account of the fact that he is an accused in Crime No.167/2007 of Kanakakunnu Police Station registered for offences under Section 294(b) and 324 of the Indian Penal Code. Learned counsel for the petitioner refers to Ext.P2 notification issued by the Government of India wherein an application for issuance of a passport can be considered, provided an order is passed in that regard by the jurisdictional Magistrate before whom the proceedings relating to the crime registered against the applicant is pending. 2. I heard learned Standing Counsel for the respondents also. If the petitioner moves the jurisdictional Magistrate and an order is passed enabling him to obtain a passport notwithstanding the pendency of the crime, subject to conditions or otherwise, then, the 1st respondent shall W.P.(C).20278/09 2 consider and pass orders on the petitioner's application for a passport taking note of the order so passed by the Magistrate also, within six weeks from the date of production of a copy of the order passed by the Magistrate. Writ petition is disposed of as above. V.GIRI, Judge mrcs