IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 7699 of 2011() ------------------------ PETITIONER --------------- PRATHAP .P.G,AGED 36 YEARS, S/O.P.R.GOPALAKRISHNAN NAIR,PADINJARETHIL HOUSE, MALAKUNNAM P.O.,CHANGANACHERY,KOTTAYAM DIST REP.BY POWER OF ATTORNEY HOLDER,P.R.GOPALAKRISHNAN NAIR,AGED 59 YEARS,S/P/. RAMAN NAIR, PADINJARETHIL HOUSE MALAKKUNNAM P.O.,CHENGANASSERY KOTTAYAM DIST BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: --------------- 1. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI,PIN-682036 2. SUB INSPECTOR OF POLICE, CHIKKUVANAM POLICE STATION, KOTTAYAM DIST,PIN-686531 R1 BY ADV. MR. P. PARAKESWARAN NAIR, ASST. SOLICITOR GENERAL R2 BY SR. GOVERNMENT PLEADER ADV. MR. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No.7699 OF 2011 ......................................................................... Dated this the 2nd June, 2011 J U D G M E N T The petitioner has approached this Court challenging Ext. P4 proceedings issued by the first respondent on 24.12.2010, directing the petitioner to furnish the particulars of the judgment also providing a copy of the same, so as to take further steps pursuant to Ext. P2 notice dated 19.10.2010 proposing to impound the passport of the petitioner, in view of the criminal case pending against him, which was stated as not revealed at the time of applying and obtaining the passport under 'Tatkal Scheme'. 2. The first respondent has filed a statement pointing out the facts and figures, specifically contending that the prayer of the petitioner is not liable to be entertained in view of the fact that, after registration of the crime No. 343/2008 of Chingavanam Police Station in respect of the offence under Section 120(d), 364(A) and 34 IPC, the matter was enquired into by the police; who filed the final report in the said crime, pursuant to which, the case has been numbered as C.C.No. 630 W.P.(C) No.7699 OF 2011 2 of 2009, after taking cognizance by the J.F.C.M. Court, Changanasserry. It is also stated in paragraph 3 of the said statement that, by virtue of the contents of the notification bearing No.G.S.R. 570(E) dated 25th August, 1993, issued by the Ministry of External affairs, a short valid passport can be issued to the petitioner, if 'NOC' is obtained from the concerned Court, where the case is pending for trial and the passport issued in favour of the petitioner can be retained by him once he produced the order of the concerned Magistrate's Court, if the case is got disposed of. In the above circumstance, no interference is possible in this writ petition, which is dismissed accordingly, however, without prejudice to the rights and liberties of the petitioner to approach the concerned Magistrate's Court and to obtain 'NOC' in terms of Ext.R1(B) notification as mentioned herein before. P.R. RAMACHANDRA MENON, JUDGE. lk