IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 23115 of 2011(L) -------------------------- AGAINST THE ORDER DATED 17/09/2010 IN CMP 2982/2010 IN CC.38/2007 of C.J.M.,KOZHIKODE .................... PETITIONER(S): --------------- ABDUL NASSAR PUTHIYARA MALIYAKKAL, S/O.MOOSAKOYA, ROSE MAHAL,FEROKE.P.O,CHERUVANNUR, KOZHIKODE. BY ADV. SRI.NIRMAL. S RESPONDENT(S): --------------- THE PASSPORT OFFICER,PASSPORT OFFICE, ERANHIPALAM,KOZHIKODE-673001. SRI.T.SANJAY, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.23115/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE FIR DT 13.12.06. P2 COPY OF THE CHARGE DT 22.12.06. P3 COPY OF THE ORDER DT 31.8.10. P4 COPY OF THE ORDER DT 17.9.10. P5 COPY OF THE PASSPORT. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 23115 of 2011 L ``````````````````````````````````````````````````````````` Dated this the 29th day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner is an accused in crime No.422/2006 which has been charge sheeted as C.C.No.38/2007 on the file of the Chief Judicial Magistrate Court, Kozhikode. He holds a passport issued by the respondent bearing No.J1039866. Last year, in order to go abroad for 'Haj', petitioner made an application before the Chief Judicial Magistrate Court, Kozhikode and the Court passed Ext.P4 order, permitting the petitioner to go abroad. Accordingly, the petitioner performed 'Haj'. This year also, petitioner is desirous of performing 'Haj' and according to the learned counsel for the petitioner, an application also has been made to the Court for an order similar to Ext.P4, which has been numbered as CMP No.2148/2011. It is apprehending that delay might occur in obtaining orders from the Court, this writ petition has been filed. W.P.(C) No.23115/2011 : 2 : 2. Learned Standing Counsel, on instructions, submits that being an accused in a criminal case, petitioner is not entitled to hold the passport and that after performing 'Haj' pursuant to Ext.P4 referred to above, he was issued notice dated 07.10.2010, asking him to surrender the passport. It is stated that there was no response to the said letter. However, counsel confirms that the passport has not so far been impounded. 3. In a situation of this type, if at all the holder of the passport is desirous of going abroad for any purpose, it is incumbent on him to obtain order from the Court as held by this Court in Asok Kumar Vs. State of Kerala [2009 (2) KLT 712]. In that view, the relief sought for by the petitioner to quash Ext.P3 communication issued by the respondent on 31.08.2010 asking him to surrender the passport or to direct that the petitioner be permitted to perform 'Haj', does not arise. W.P.(C) No.23115/2011 : 3 : In that view of the matter, I dispose of this writ petition, directing that it will be open to the petitioner to pursue the application made before the Chief Judicial Magistrate Court, Kozhikode and it is up to that Court to consider the application which has been filed by the petitioner expeditiously. Sd/- (ANTONY DOMINIC, JUDGE) aks/29/08 // True Copy // P.A. To Judge