IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 9540 of 2008(I) ------------------------- PETITIONER: --------------- K.P. KASMI, S/O.HAMSAKUTTY KUPPANATEPURAKKAL, PUTHIYA KADAPPURAM P.O. VIA. TANUR, MALAPPURAM DISTRICT. BY ADV. SRI.NIRMAL. S RESPONDENTS: --------------------- 1. THE PASSPORT OFFICER, PASSPORT OFFICE ERANHIPALAM, KOZHIKODE. 2. THE SECRETARY, HOME DEPARTMENT GOVT. OF KERALA, TRIVANDRUM. 3. THE SUB INSPECTOR OF POLICE KATHIRUR, THALASSERY. 4. COMMISSIONER OF POLICE, KANNUR. 5. T. NAZAR, S/O.ABDULLA THAZHATH HOUSE, 4TH MILE, KATHIROOR TELICHERRY, KANNUR DISTRICT. 6. IMMIGRATION OFFICER, KOZHIKODE. ADV. SRI.M.SANTHOSH KUMAR, CGC FOR R.1&R6 GOVT. PLEADER SMT. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9540 of 2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1: TRUE COPY OF THE PASSPORT ISSUED TO THE 5TH RESPONDENT SHOWING THE ADDRESS IN MALAPPURAM. EXHIBIT-P2: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITINER BEFORE THE 1ST RESPONDENT 13.1.2008 EXHIBIT-P3: TRUE COPY OF THE COMPLAINT DATED 29.1.2008 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, THALASSERY EXHIBIT-P4: TRUE COPY OF THE APPLICATION FOR SANCTION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27.2.2008 EXHIBIT-P5: TRUE COPY OF LETTER NO.18025/G2/08/HOME DATED 12.3.2008 OF THE HOME (G) DEPARTMENT, GOVERNMENT OF KERALA EXHIBIT-P6: TRUE COPY OF REPORT OF INVESTIGATING OFFICER, SUBMITTED THROUGH THE SUPERINTENDENT OF POLICE, C.B.C.I.D, KANNUR DATED 28.5.2008 EXHIBIT-P7: TRUE COPY OF LETTER DATED 17.9.2008 SENT BY THE ADDL. DIRECTOR GENERAL OF POLICE (CRIMES), THIRUVANANTHAPURAM. /TRUE COPY/ P.A TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No. 9540 of 2008 -------------------------- Dated this the 4th December, 2008 J U D G M E N T Petitioner has filed this writ petition allegedly aggrieved by the inaction on the part of respondents 1 to 4 in initiating proceedings against the 5th respondent for the offence committed by him under the Passport Act. I do not propose to undertake a detailed appraisal of the facts in the light of the fact that it is now revealed by Exhibit P7 produced by the petitioner along with IA No.15170 of 2008 that the Additional Director General of Police (Crimes) has suggested in his communication to the Additional Chief Secretary, Home and Vigilance Department that necessary direction may be given to the Director General of Police to register a crime in the local police station and investigate the same under Section 12 (1) (b) of the Indian Passport Act. It is up to the Additional Chief Secretary to take further action in pursuance of Exhibit P7. W.P ( C) No. 9540 of 2008 2 2. I heard learned counsel for the petitioner, learned Government Pleader, learned Asst. Solicitor General and learned counsel appearing for the 5th respondent. 3. In the light of such recommendation made by the Addl. Director General of Police, it is up to the Government to take further steps in the matter of registering a crime under Section 12 (1) (b) of the Indian Passport Act. Accordingly, the writ petition is disposed of directing the 2nd respondent to take further steps pursuant to Exhibit P7 and issue appropriate orders within two months from the date of receipt of a copy of this judgment. (V.GIRI,JUDGE) ma W.P ( C) No. 9540 of 2008 3 W.P ( C) No. 9540 of 2008 4