IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 33453 of 2011(F) -------------------------- PETITIONER(S): --------------- POULIN DUNSTON, S/O.POULIN JOSEPH,38 YEARS, SHANE LAND,MARIANAD,PUTHUKURICHY P.O, THIRUVANANTHAPURAM KERALA 695 303 (HOLDER OF INDIAN PASS PORT NO.J 7928932) BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. THE REGIONAL PASSPORT OFFICER, SNAM BUILDING,KARALKADA JUNCTION, KAITHAMUKKU,THIRUVANANTHAPURAM KERALA 695 024 2. DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM 695 303 3. DEPUTY SUPERINTENDE OF POLICE (RURAL SPECIAL BRANCH) OFFICE OF DEPUTY SUPERINTENDENT OF POLICE (RURAL SPECIAL BRANCH)THIRUVANANTHAPURAM 695 303 4. SUB INSPECTOR OF POLICE, KADINAMKULAM POLICE STATION, KADINAMKULAM P.O,THIRUVANANTHAPURAM ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA GP SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).33453/11 APPENDIX PETITIONER(S) EXHIBITS EXT.P1TRUE COPY OF THE INDIAN PASSPORT NO.J 7928932 DATED 27-7-11 5 EXT.P2TRUE COPY OF THE EARLIER PASSP[ORT DATED 2-4-2008 NUMBER G.6831522 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P3TRUE COPY OF THE ORDER OF THE REVOCATION DATED 7-7-10 ISSUED BY THE 1ST RESPONDENT 1ST RESPONDENT. EXT.P3A TRUE COPY OF THE APPEAL DATED 9-7-10 FILED BY THE PETITIONER BEFORE THE CHIEF PASSPORT OFFICER. EXT.P4TRUE COPY OF ORDER DATED 22-11-10 NO. VII/402/APP-160/10 PASSED BY THE CHIEF PASSPORT OFFICER. EXT.P5TRUE COPY OF THE RECEIPT DATED 20-12-2010 ISSUED BY THE 1ST RESPONDENT. EXT.P6TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC NO.15449/11 DATED 17-06-11 EXT.P7TRUE COPY OF APPLICATION FOR PCC DATED 17-11-11 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P8TRUE COPY OF THE FIRST INFORMATION REPORT DATED 30-03-11 IN CRIME NO.95/2011 OF KADINAMKULAM POLICE STATION. EXT.P9TRUE COPY OF JOB VISA DATED 22-11-11 ISSUED TO THE PETITIONER. EXT.P10TRUE COPY OF EMP;LOYMENT LETTER DATED 13-11-11 ISSUED TO THE PETITIONER. /true copy/ P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).33453/2011 .............................................. Dated this the 20th day of December, 2011 JUDGMENT Ext.P3 is an order issued by the first respondent revoking two passports that were obtained by the petitioner giving incorrect address. Against that order, petitioner filed Ext.P3A appeal to the Chief Passport Officer, New Delhi. In that appeal Ext.P4 order was passed which contain the following directions:- Having gone through all the records and in the light of full facts and circumstances of the case, I decide as under - (i). That the appellant will pay a fine of Rs.8000/- (Rupees eight thousand only) for suppression of material information and obtaining passport with fake particulars (ii). PO will issue him a passport with correct particulars after payment of the above fine, and after usual checks, procedure and clear police report. (iii). The appeal is allowed. 2. According to the petitioner, as per Ext.P5, he paid the fine ordered. But in spite of it, a fresh passport was not issued. Therefore, he approached this Court by filing W.P.(C).15449/2011 W.P.(C).33453/11 2 and that writ petition was disposed of by Ext.P6 judgment leaving it open to the petitioner to file a fresh application with correct particulars. Petitioner submits that on the basis of that judgment, he made a fresh application and on that basis, he was issued Ext.P1 passport on 27.7.2011. Subsequently, as he wanted to go abroad, he made Ext.P7 application to the first respondent for police clearance certificate. 3. From the submissions made by the leaned Standing Counsel appearing for the respondent, it appears that on receipt of the application, police report was called for and the police report received was adverse to the petitioner. This was for the reason that Ext.P8 Crime No.95/2011 was registered by the fourth respondent as early as on 30.3.2011 against the petitioner for having obtained two passports on furnishing incorrect address. It is there upon, that this writ petition has been filed seeking a direction to the respondents to issue police clearance certificate so that the petitioner can go abroad. 4. Learned Government Pleader on instructions, submits that the Crime has been lodged before the Judicial First Class W.P.(C).33453/11 3 Magistrate Court, Attingal, and that as part of the investigation, petitioner is to be questioned. It is stated that since the petitioner has been absconding, the Investigating Officer is not so far succeeded in securing his presence. 5. As far as the police clearance certificate is concerned, so long as there is an adverse police report, this Court will not be justified in finding fault with the first respondent. In my view, since the petitioner is an accused in a criminal case as evidenced by Ext.P8 FIR, the issuance of passport itself was irregular in view of the provisions contained under Section 6(2)(f) of the Passports Act. Therefore, the learned Standing Counsel submits that it is open to the petitioner to make an application to the Court where FIR has been lodged and if the Court permits, the application for police clearance certificate can be reconsidered. 6. Therefore, it is clarified that it will be open to the petitioner to apply to the Judicial First Class Magistrate Court, Attingal, taking advantage of the judgment of this Court in Asok Kumar v. State of Kerala (2009 (2) KLT, 712) and if the learned Magistrate passes orders in favour of the petitioner, it will be open W.P.(C).33453/11 4 to the petitioner to produce judgment before the first respondent who there upon, will pass appropriate orders on Ext.P7. 7. As far as the requirement of the fourth respondent for questioning the petitioner in connection with Ext.P8 crime is concerned, the learned counsel for the petitioner undertakes that the petitioner will appear before the fourth respondent on 24.12.2011 and I record the said submission. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs