IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Crl.Rev.Pet.No. 555 of 2008() ----------------------------- CMP NO.1760/2007 OF THE J.F.C.M, KODUNGALLUR REVN. PETITIONER: REVISION PETITIONER/PETITIONER ------------------------------------------------------------------------------------------- DEVADAS, S/O.KITTA, PADINJAREPURAKKAL, EDAMUTTAM, VALAPAD. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: RESPONDENT & STATE ---------------------------------------------------------------- 1. THE REGIONAL PASSPORT OFFICER, PANAMPILLI NAGAR, KOCHI. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.555 of 2008 = = = = = = = = = = = = = = Dated this the 6th day of March, 2008 ORDER The petitioner is the holder of Indian Passport bearing No.A 2807711 issued from the Regional Passport Office, Kochi on 27.3.1997. The date of birth of the petitioner as shown in the passport is 27.5.61. The petitioner filed CMP No.1760 of 2007 before the J.F.C.M, Kodungallur for correction of the date of birth from 27.5.1961 to 27.5.1966. According to the petitioner, his actual date of birth is 27.05.1966 as revealed by his S.S.L.C book, transfer certificate etc., authenticated copies of which were produced before the learned Magistrate. But the Magistrate dismissed the said petition under Section 256 Cr.P.C, due to persistent absence of the petitioner. 2. In the light of the recent decision of this Court in Aboo Chettiyanthodi v. Regional Passport Officer (2008(1)KHC 918) , a Judicial Magistrate does not have jurisdiction to pass any declaratory orders regarding the date of birth and place of birth or make any rectification of the date and place of birth as shown in the passport. As per the said decision, the Passport issuing Crl.R.P.No. 555 of 2008 2 Authority is free to consider the question after examining the authenticity and reliability of the documents produced in support of the claim. If, however, that Authority finds it difficult to rely on the materials produced in support of the claim, that authority is free to relegate the party to a civil court and not to a criminal court for getting a declaratory order. 3. Hence, I do not find any good ground to interfere with the order of dismissal passed by the learned Magistrate. The remedy, if any, of the petitioner is to move the passport issuing Authority in the first instance and then the civil court if he is relegated to the civil court by the passport issuing Authority. This Crl.R.P is accordingly dismissed. V. RAMKUMAR, JUDGE sj