IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 Crl.MC.No. 15 of 2011() ----------------------- AGAINST THE ORDER DATED 31/12/2010 IN CMP 9222/2010 IN CC.1487/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... PETITIONER/ACCUSED 2 ------------------------ MAVIS DAVIS, MALIEKKAL HOUSE, KANIMANGALAM P.O., NEDUPUZHA, THRISSUR DISTRICT, KERALA. BY ADV. SRI.S.RAJEEV RESPONDENT/COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.335/2008 OF VADANAPPALLY POLICE STATION, THRISSUR DISTRICT). PUBLIC PROSECUTOR: ADV. SRI K J MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.15 of 2011 --------------------------------------- Dated this 21st day of January, 2011 ORDER Petitioner is accused in Crime No.335 of 2008 (wrongly stated in the petition as Crime No.355 of 2008) of Vadanappallay Police Station for offences punishable under Secs.420, 406, 417, 456 r/w 34 of the Penal Code. Since the passport of the petitioner was to expire on 07.01.2011 he made an application to the authorities concerned for renewal of the passport. That request was rejected by the said authority for the reason that a criminal case (Crime No.335 of 2008) is pending against petitioner. Thereon, petitioner filed C.M.P.No.9222 of 2010 (in C.C.No.1487 of 2008) before learned Judicial First Class Magistrate, Chavakkad for direction to issue certificate to facilitate renewal of the licence in view of notification No.GSR 570(E) dated 25.08.1993. That application was dismissed by the learned Magistrate for the reason that proceedings (in C.C.No.1487 of 2008) has been stayed by this court as per order dated 15.10.2010 for two months, counsel for first accused submitted that the stay was extended for a period of two months but, petitioner did not produce either a copy of the order or file Crl.M.C.No.15 of 2011 -: 2 :- affidavit as directed by the learned Magistrate. Learned counsel requested that learned Magistrate may be directed to consider the application on merit. 2. I have heard learned Public Prosecutor. 3. Assuming that there is stay of proceedings in C.C.No.1487 of 2008 that need not prevent learned Magistrate from considering C.M.P.No.9222 of 2010. Hence I am inclined to sent the application back to learned Magistrate for fresh consideration as provided under law. Resultantly this criminal miscellaneous case is allowed. Annexure-2, order dated December 31, 2010 on C.M.P.No.9222 of 2010 is set aside and that application is remitted to the learned Magistrate for fresh consideration and decision as law provides. (THOMAS P JOSEPH, JUDGE) Sbna/-