IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 28824 of 2009(W) --------------------------------------- PETITIONER: ------------------- ABDULLA KOMATT CHALIL, S/O.ABOOBACKER MUSALIYAR, KIZHAKKE MODONGAL, P.O.KURUVATTOOR, VIA. KAKKOOR, KOZHIKODE DISTRICT. BY ADV. MR. MUHAMMED SALAHUDHEEN. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, KOZHIKODE. 3. THE SUB INSPECTOR OF POLICE, CHEVAYUR POLICE STATION, CHEVAYUR, KOZHIKODE DISTRICT. 4. THE SUPERINTENDENT OF POLICE, KASARGODE DISTRICT, KASARGODE. R1 & R2 BY MR.T.P.M.IBRAHIM KHAN, A.S.G., R3 & R4 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28824/2009-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RECEIPT ISSUED BY THE PASSPORT OFFICE, KOZHIKODE TO THE PETITIONER DTD. 06/05/2008. EXT.P.2: COPY OF THE VOTERS IDENTITY CARD ISSUED BY THE ELECTORAL RGISTRATION OFFICER TO THE PETITIONER KUNNAMANGALAM DATED 28/02/2008. EXT.P.3: COPY OF THE TRANSFER CERTIFICATE OBTAINED TO THE PETITIONER FROM KARUVATTOOR A.U.P. SCHOOL DTD. 08/08/1995. EXT.P.4: COPY OF THE RESIDENT/NATIVITY CERTIFICATE ISSUED BY THE ADDITIONAL TAHSILDAR, KOZHIKODE DATED 02/07/2008. EXT.P.5: COPY OF THE CERTIFICATE ISSUED BY THE R.3. S.I. OF POLICE, CHEVAYOOR DATED 08/07/2008. EXT.P.6: COPY OF THE REPLY FILED BY THE PETITIONER BEFORE THE R.2. DTD. 21/10/2009. EXT.P.7: COPY OF THE PROOF OF DELIVERY ISSUED BY THE SPEED POST DEPARTMENT POSTAL SERVICE DATED 23/10/2009. RESPONDENTS' ANNEXURES: ANNEXURE R1.A: COPY OF THE LETTER ISSUED BY THE REGIONAL PASSPORT OFFICER DTD. 22/07/2008. ANNEXURE R1.B: COPY OF THE POLICE VERIFICATION REPORT OF THE PETITIONER. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 28824 OF 2009 -------------------------- Dated this the 1st day of December, 2009 J U D G M E N T Heard the learned counsel appearing on both sides. 2. The petitioner applied for a passport on 6.5.2008. Along with the application, he had produced Exts.P3, P4 and P5 certificates to prove that he is an Indian citizen, that he is a resident of Kuruvattor Village in Kozhikode District and that he is not involved in any criminal case. It appears that after verification the Sub Inspector of Police, Chevayur, forwarded Annexure R1(b) Police Verification Report to the Passport Officer with the following observations: “He is residing at different parts of India, for short terms and he is not willing to furnish the details about it, and two petitions has already given about visa cheating at Kasarcode, and pending for disposal.” 3. On receipt of Annexure R1(b) Police Verification Report, the Passport Officer sent Annexure R1(a) letter dated 22.7.2008 to the petitioner calling upon him to furnish the previous addresses where he had resided and also the details of the cases pending against him. The petitioner did not immediately sent a reply to that letter. Instead he filed this writ petition on 9.10.2009 complaining that his application for passport is kept pending indefinitely. W.P.(C) No. 28824/09 2 4. Sri. T.P.M.Ibrahim Khan, the learned Assistant Solicitor General of India appearing for the respondents has filed a statement pointing out that though the petitioner was called upon by Annexure R1(a) letter dated 22.7.2008 to furnish information regarding the contents of the Police Verification Report, extracted above, he has not submitted a reply to the said letter. It is stated that as the petitioner is involved in a criminal case, a passport cannot be issued to him. It appears after the said statement was filed, the petitioner sent Ex.P6 letter dated 21.10.2009 to the Passport Officer, Kozhikode stating that he is not involved in any criminal case. 5. Sri.P.Narayanan, the learned Government Pleader appearing for the State of Kerala submits that the petitioner is the accused in Crime No.180 of 2008 of Manjeswaram Police Station for the offences punishable under Sections 420 & 460, IPC and that the statement of the petitioner that he is not involved in any criminal case is not correct. A copy of the FIR in Crime No.180 of 2008 was also made available to me. The learned counsel appearing for the petitioner submits that the petitioner is not the accused in the said crime and that the accused named in the FIR is another person. 6. In my opinion, in view of the similarity of the name of the petitioner, the name of his father and also his place of residence in the FIR in Crime No.180 of 2008, this Court cannot undertake an enquiry and W.P.(C) No. 28824/09 3 decide whether he is the person accused of the offence in Crime No.180 of 2008. It is for the petitioner to appear before the Court of the Judicial Magistrate of First Class, Kasaragod where the case is pending and establish that he is not the accused or if he is the accused, seek bail and also the leave of the court to go abroad. If the court below grants permission to the petitioner to go abroad, it will be open to him at that stage to apply for the issue of a passport. In the event of such an application being filed after obtaining the leave of the court, with the necessary documents, the Passport Officer, Kozhikode, shall issue a passport to the petitioner, if there is no other impediment for the issue of a passport. The writ petition is disposed of with the above directions. P.N.RAVINDRAN, JUDGE vps