IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 16232 of 2011(D) --------------------------------------- PETITIONER: ------------------- SUDHA JOHNY, SUDHA VILLA, ST.DOMINIC VETTUCADU, TRIVANDRUM. BY ADV. SRI.M.R.SARIN. RESPONDENTS: ------------------------ 1. THE PASSPORT OFFICER, PASSPORT OFFICE, TRIVANDRUM-695 001. 2. PORT REGISTRATION OFFICER, TRIVANDRUM AIRPORT, TRIVANDRUM-695 001. R1 & R2 BY SRI. P. PARAMESWARAN NAIR, A.S.G. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16232/2011-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PETITIONER'S PASSPORT ISSUED BY R.1. EXT.P.2: COPY OF THE COMPLAINT IN C.C. NO.100/10 PENDING BEFORE J.F.C.M. ATTINGAL. EXT.P.3: COPY OF THE OBJECTION FILED BY THE PETITIONER'S FATHER TO R.1. EXT.P.4: COPY OF THE NOTICE ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.5: COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO R.1. ON 26/04/11. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.16232 OF 2011 -------------------------------------------------- Dated this the 16th day of June 2011 JUDGMENT The petitioner has approached this Court seeking for a direction to be given to the 1st respondent to return the passport of the petitioner so as to enable her to travel abroad. 2. The learned standing counsel appearing for the respondents submits with reference to the materials on record that, the petitioner herself has admitted the pendency of C.C No.100/2010 before the Judicial First Class Magistrate's Court-I, Attingal. 3. The learned counsel for the petitioner submits that the petitioner was not at all aware of the proceedings and the petitioner is actually innocent of the alleged offence. 4. After hearing both the sides, this Court finds that the petitioner could be relegated to approach the concerned Magistrate's Court where the criminal case is pending, to get necessary sanction/clearance to obtain the passport. This is more so in view of the statutory prescription and also the norms laid down by the Government in view of the law declared by this Court in “Asok Kumar v State of Kerala” (2009(2) KLT 712). W.P.(C) No.16232/2011 2 5. In the above circumstances, interference is declined without prejudice to the rights and liberties of the petitioner to approach the concerned Magistrate's Court for appropriate relief. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE The case No. “C.C No.100/2010” and name of court “Judicial First Class Magistrate Court - I, Attingal” occurring in line 4 of paragraph 2 of the judgment dated 16-06-2011 in Writ Petition(C) 16232/2011 are corrected and substituted as “C.C No.401/2010” and “Judicial First Class Magistrate Court- II, Attingal” as per order dated 22-09-2011 in I.A No.14640/201. Sd/- Registrar (Judicial)