IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 Crl.MC.No. 4095 of 2010() ------------------------------------- C.M.P.NO.3806/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM. CRIME NO.239/2010 OF KOTHAMANGALAM POLICE STATION. .......... PETITIONER/PETITIONER: -------------------------------------- THOMAS JOSEPH, S/O.JOSEPH, NJAVALLIKKUNNEL HOUSE, ENTHAYAR KARA, KOOTTICKAL VILLAGE, KANJIRAPPALLY TALUK. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE, ADV. SRI.REVIKRISHNAN, SRI.AJESH K.SASI. RESPONDENT/RESPONDENT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4095 OF 2010 =========================== Dated this the 1st day of November,2010 ORDER Petitioner filed C.M.P.3806/2010 before Judicial First Class Magistrate, Kothamangalam under section 451 of Code of Criminal Procedure to release the passport seized in Crime 239/2010 of Kothamangalam Police Station. By Annexure A order, learned Magistrate dismissed the petition. This petition is filed under section 482 of Code of Criminal Procedure to quash Anneuxre A order and to get interim custody of the passport. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The argument of the learned counsel appearing for the petitioner is that there is an endorsement in the passport regarding visa Crl.M.C.4095/2010 2 in one page and the period of visa would expire on 3.2.2011 and in such circumstances, petitioner is entitled to get the passport released. 4. Learned Public Prosecutor on instructions submitted that the passport has been sent to the Forensic Science Laboratory to find out whether the endorsement regarding the visa is forged or not and in such circumstances the passport cannot be released. 5. When the passport is not in the custody of the court or the investigating officer, but is with the Forensic Science Laboratory, there cannot be a direction to release the passport at this stage. Petitioner is entitled to file an application as and when the report is received from the Forensic Science Laboratory. Learned counsel appearing for the petitioner submitted that a direction be issued to expedite the examination by the Forensic Science Laboratory. The investigating officer is directed to take steps to expedite the examination by the Forensic Science Laboratory. Crl.M.C.4095/2010 3 Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006