IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 7801 of 2011(A) ------------------------- PETITIONER: -------------------- ASHRAF KANCHERIYIL, S/O. ALI, KANCHERIYIL HOUSE, MARANCHERY.P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: ---------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110001. 2. PASSPORT OFFICER, PASSPORT OFFICE,MALAPPURAM-676505. 3. THE S.I. OF POLICE, (IMMIGRATION WING) NEDUMBASSERY AIRPORT, NEDUMBASSERY, ERNAKULAM DISTRICT-683585. R1 & R2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.7801 of 2011 -------------------------- Dated this the 18th March, 2011 J U D G M E N T The petitioner is before this Court because of the consequential steps that are likely to be pursued pursuant to Ext.P4 issued by the 2nd respondent referring to the pendency of a criminal case before the Judicial First Class Magistrate's Court, Ponnani. 2. The petitioner contends that a false and fabricated case was registered against the petitioner and others including his father which formed the subject matter of C.C No.240/2003 of the Judicial First Class Magistrate's Court, Ponnani. Since the petitioner was working abroad, the petitioner could not turn up during the course of trial, under which circumstance, the case was split up and the case against the petitioner has been renumbered as C.C.402/2007, while the trial proceeded with the other accused, finally leading to Ext.P3 judgment, whereby, all the accused have been found 'not guilty' and accordingly acquitted. 3. The learned counsel for the petitioner submits W.P (C) No. 7801 of 2011 2 that the petitioner has already challenged the proceedings pending before the Criminal Court seeking the same to have been quashed by filing Crl.M.C No.832/2011 before this Court and after the hearing held today, this Court has set aside the entire proceedings. As it stands so, this Court finds and declares that Ext.P4 shall not be a bar on the way of the petitioner in proceeding abroad. 4. In the above circumstances, the 2nd respondent is directed to issue necessary directions to all concerned to see that no hurdle is placed on the way of the petitioner with regard to his rights and liberties by virtue of Ext.P1 passport referring to Ext.P4. The writ petition is allowed. No costs. Sd/= P.R.RAMACHANDRA MENON, JUDGE ma /true copy/ P.A. to Judge.