IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 32083 of 2010(I) -------------------------- CC.200/2003 of J.M.F.C. - I, PARAVUR .................... PETITIONER(S): --------------- SREEJAN, S/O.RAJAN, MALIYAKKAL HOUSE, NEAR ST.FRANCIS CHURCH, THURUTHIPURAM.P.O., ERNAKULAM. BY ADV. SRI.AMJAD ALI SRI.MANSOOR.B.H. RESPONDENT(S): --------------- 1. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, COCHIN-682 036. 2. THE STATION HOUSE OFFICER, PUTHENVELIKARA POLICE STATION, ERNAKULAM DISTRICT-683 512. GOVERNMENT PLEADER SRI.P.NARAYANAN SRI.T.P.M.IBRAHIM KHAN, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 32083 of 2010 I ``````````````````````````````````````````````````````` Dated this the 20th day of October, 2010 J U D G M E N T In this writ petition, the prayer of the petitioner is to direct the first respondent to release his passport. 2. From the pleadings, it would appear that the passport is withheld by the first respondent on account of the fact that a report has been given by the second respondent, stating that the petitioner is an accused in C.C.No.113/2007 pending before the Judicial First Class Magistrate, North Paravur. 3. Since the petitioner is an accused in the aforesaid criminal case, in view of the provisions contained in Section 6 (2)(f) of the Passports Act, 1967, petitioner is ineligible to hold a passport. However, in view of the provisions contained in the order issued by the Government of India, the course open to the petitioner is to make an application to the Court, where the criminal case is pending and obtain the permission of the W.P.(C) No.32083/10 : 2 : Court and produce the order so passed by the first respondent and get the passport released. Therefore, leaving it open to the petitioner to move the JFCM, North Paravur, producing the notification issued by the Government of India, enabling the Court to pass an order as directed above, and seek release of the passport from the first respondent, this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) aks