IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Crl.MC.No. 304 of 2009() ------------------------ C.C.NO.783/2008 OF J.F.C.M MALAPPURAM PETITIONER(S): ACCUSED NO.4 --------------------------- ACHAMBAN MUHAMMED, THANGALTHODI HOUSE, A.R.NAGAR, MALAPPURAM. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VENGARA POLICE STATION THROUGH THE HIGH COURT OF KERALA, ERNAKULAM. KOCHI-31. 2. THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, MALAPPURAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB A.S.G.I SRI. PARAMESWARAN NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/01/2009 ALONG WITH CRL.M.C.NO.305 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.Nos.304 & 305 of 2009 ---------------------------------------- Dated this the 30th day of January 2009 O R D E R As identical questions arise for consideration in these two Crl.M.Cs, I am proceeding to dispose of these Crl.M.Cs by this common order. The petitioners are persons who have applied for passport from the respondent. One of the petitioners has applied for a fresh passport whereas the other has applied for issue of a duplicate passport. The petitioners are facing indictment in prosecutions pending before the learned J.F.C.M Malappuram. Police verification was conducted and it was reported that the petitioners are accused in these cases. The police, therefore, did not recommend issue of passport/issue of duplicate of the passport. The respondent has therefore closed the file. According to the petitioners, law does not permit the respondent to close such applications as soon as the report of the police not recommending the issue of the passport is received. The learned Assistant Solicitor General of India does not also dispute that fact. The learned A.S.G.I submits that the petitioners did not respond to the notices issued to them by the respondent. Crl.M.C.No. 304 & 305 of 2009 2 2. The learned counsel for the petitioners only submits that the petitioners may be given time to apply to the Magistrates concerned and obtain the requisite permission. The learned A.S.G.I fairly submits that on receipt of such permission, the petitioners can renew their request for issue of passport/duplicate passport. If such permission is produced, the matter shall receive the consideration of the respondent, submits and concedes the learned A.S.G.I. 3. In these circumstances, I am satisfied that these Crl.M.Cs can be dismissed with appropriate observations. Accepting the submissions of the learned A.S.G.I, it is observed that if the petitioners get the requisite permission from the court before which the prosecutions against them are pending in accordance with law, the respondent shall consider the petitioners' applications for issue of passport/duplicate passport and pass appropriate orders. 4. These Crl.M.Cs are accordingly dismissed with the above observations. Needless to say, if such applications are received by the learned Magistrate, appropriate orders in accordance with law shall have to be passed expeditiously. (R.BASANT, JUDGE) jsr Crl.M.C.No. 304 & 305 of 2009 3 Crl.M.C.No. 304 & 305 of 2009 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008