IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Crl.MC.No. 2638 of 2007() ------------------------------------ CMP.2093/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, ERNAKULAM .................... PETITIONER/PETITIONER ------------------------------------- DIPTI MOHAN, AGED 26 YEARS, D/O.GOPALAPILLAI DILEEP MOHAN, SRIRANJINI,DBRA 88, KOWDIYAR (PO), DEVASWAM BOARD, TRIVANDRUM , KERALA, NOW RESIDING AT SMRITHI, S.R.M.ROAD, TRHIKKANARVATTOM DESOM, ERNAKULAM VILLAGE, REP.BY POWER OF ATTORNEY HOLDER, MR.K.SATHEESAN, S/O.LATE K.M. MENON, AGED 60 YEARS,SMRITHI,S.R.M. ROAD,TRHIKKANARVATTOM DESOM, ERNAKULAM VILLAGE. BY ADV. MR.P.M.ZIRAJ RESPONDENT/RESPONDENTS -------------------------------------------- 1. REGIONAL PASSPORT OFFICER, KOCHI. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. SMT.A.SREEKALA, ADDL.CGSC. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/11/2009, ALONG WITH CRMC NO. 434 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.2638 & 434 OF 2007 =========================== Dated this the 13th day of November,2009 ORDER Crl.M.C.434/2007 is filed by the petitioner who is holding an Indian Passport, for a direction to Judicial First Class Magistrate to consider CMP 7056/2006 filed by him for granting a declaration that the date of birth of the petitioner is not 18.5.1967 but 5.1.1961, which was dismissed under Annexure 8 order by learned Magistrate. Crl.M.C.2638/2007 is filed by the petitioner therein to quash Annexure 4 order passed by the Judicial First Class Magistrate-I, Ernakulam dismissing CMP 2093/2007 filed by the petitioner to correct the place of birth in the passport. 2. The petitions were posted together to consider the jurisdiction of Judicial First Class Magistrate to make the corrections or to Crl.M.C.434/2007 & Crl.M.C.2638/07 2 grant an order declaring that the date of birth or place of birth entered in the passport is not the correct date of birth or place of birth. 3. A learned single Judge of this court (as His Lordship then was) in Jismol Joseph v. Union of India 2003(3) KLT 265 holding that there are series of decisions of this court holding that Judicial First Class Magistrate can decide the question of changing the date of birth or place of birth in the passport found that Magistrate has jurisdiction. 4. Another learned single Judge in Aboo v. Regional Passport Officer 2008(1) KLT 992 reconsidered the question in the light of the subsequent circulars issued by the Ministry of External Affairs, deleting the earlier note which enabled a Judicial First Class Magistrate to issue declaratory orders, for the purpose of changing the date of birth or place of birth in the passport. In view of the subsequent circulars issued, learned single Judge found that Judicial first Class Magistrate has no jurisdiction. In the light of the change in the circular deleting the earlier Crl.M.C.434/2007 & Crl.M.C.2638/07 3 provisions, which enabled Judicial first Class Magistrate to give declaratory orders, which was prevailing when this court in Jismol Joseph's case (supra) held that Judicial first Class Magistrate has jurisdiction is no more in force in view of the subsequent circular. As held in Aboos case (supra) in view of the later circular it can only be found that Judicial First Class Magistrate has no jurisdiction to issue a declaratory order, changing the date of birth or the place of birth. 5. In such circumstance, the orders passed by the learned Magistrate dismissing the petitions, cannot be quashed as sought for with a direction to reconsider the question. As Judicial First Class Magistrate has no jurisdiction to consider the question the dismissal orders cannot be interfered . Petitions are dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006