IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 11300 of 2008(T) ----------------------------------- PETITIONER : ---------------- K.RAVEENDRAN, AGED 56 YEARS, S/O.LATE KUNJUKRISHNAN, ARCHANA, PADINJATTINKARA, EDAMULAKKAL P.O., KOLLAM DISTRICT. BY ADV. MR.M.G.KARTHIKEYAN MR.NIREESH MATHEW RESPONDENTS : ------------------- 1. THE UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE CHIEF PASSPORT OFFICER, DEPARTMENT OF EXTERNAL AFFAIRS, NEW DELHI. 3. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, KAITHAMUKKU, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY SECRETARY (HOME AFFAIRS), GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 5. THE CIRCLE INSPECTOR OF POLICE, ANCHAL, KOLLAM DISTRICT. ADV. MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 TO 3 GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11300 of 2008(T) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: PHOTOCOPY OF THE FINAL CHARGE IN CRIME NO.338/2000 REGISTERED BY THE 5TH RESPONDENT WHICH IS NOW PENDING AS SC. NO.1384/2002 ON THE FILE OF THE ADDL. SESSIONS JUDGE (ABKARI CASES), KOTTARAKKARA EXT.P2: PHOTOCOPY OF THE FINAL CHARGE IN CRIME NO.22/2001 REGISTERED BY THE 5TH RESPONDENT WHICH IS NOW PENDING AS SC.NO.1575/2002 ON THE FILE OF THE ADDL. SESSIONS JUDGE (ABKARI CASES), KOTTARAKKARA EXT.P3: PHOTOCOPY OF THE FINAL CHARGE IN CRIME NO.21/2000 REGISTERED BY THE 5TH RESPONDENT WHICH IS NOW PENDING AS SC.NO.1750/2002 ON THE FILE OF THE ADDL. SESSIONS JUDGE (ABKARI CASES), KOTTARAKKARA EXT.P4: PHOTOCOPY OF THE FINAL CHARGE IN CRIME NO.84/99 REGISTERED BY THE 5TH RESPONDENT WHICH IS NOW PENDING AS SC.NO.1648/2002 ON THE FILE OF THE ADDL. SESSIONS JUDGE (ABKARI CASES), KOTTARAKKARA EXT.P5: PHOTOCOPY OF THE LETTER DATED 10.08.2007 ISSUED BY THE 3RD RESPONDENT EXT.P6: PHOTOCOPY OF THE JUDGMENT DATED 12.11.2007 IN W.P.(C) NO.32656/2007 OF THIS HON'BLE COURT EXT.P7: PHOTOCOPY OF THE ORDER DATED 19.03.2008 IN CMP NOS.416/08 IN SC NOS.1384/2002, SC 1575/2002 SC NO.1648/2002 AND SC.NO.1750/2002 PASSED BY THE ADDL. SESSIONS JUDGE (ABKARI CASES), KOTTARAKKARA EXT.P8: PHOTOCOPY OF THE JUDGMENT DATED 20.02.2008 IN WP(C) NO.5161/2008 OF THIS HON'BLE COURT EXT.P9: PHOTOCOPY OF THE CHEMICAL ANALYSIS CERTIFICATE DATED 27.03.2001 ISSUED BY THE ASST. EXAMINER TO GOVT. OF KERALA EXT.P10: PHOTOCOPY OF THE CHEMICAL ANALYSIS CERTIFICATE DATED 25.12.2000 ISSUED BY THE ASST. EXAMINER TO GOVT. OF KERALA EXT.P11: PHOTOCOPY OF THE CHEMICAL ANALYSIS CERTIFICATE DATED 25.12.2000 ISSUED BY THE ASST. EXAMINER TO GOVT. OF KERALA EXT.P12: PHOTOCOPY OF THE CHEMICAL ANALYSIS CERTIFICATE DATED 19.08.1999 ISSUED BY THE ASST. EXAMINER TO GOVT. OF KERALA WP(C).No. 11300 of 2008(T) EXT.P13: PHOTOCOPY OF THE JUDGMENT DATED 06.10.2004 IN OP NO.17172/1999 OF THIS HON'BLE COURT EXT.P14: PHOTOCOPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER -TRUE COPY- P.A. TO JUDGE M.N.KRISHNAN, J. -------------------------------- W.P.(C) No.11300 OF 2008 -------------------------------- Dated this the 27th day of February, 2009 JUDGMENT This writ petition is filed with a prayer to quash Exts.P1 to P4 and call for Ext.P7 and quash the same by a writ of certiorari and also with respect to the issuance of a passport. Cases, S.C. Nos.1384/02, 1575/02 and 1750/02 are pending before the Additional Sessions Judge (Abkari Cases), Kottarakkara wherein charges are not yet framed by the court. I am informed by the learned counsel that in the light of the judicial pronouncements made by the courts, charge cannot be framed and petitioner is entitled to a discharge under Section 227/228 of the Cr.P.C. It is also submitted by the learned counsel that petitions in that regard for discharge and hearing under Sections 227 and 228 Cr.P.C. are pending before the above court and direction may be given to hear and dispose of the same and further the trial in S.C. No. 1648/02 which is almost complete a direction may be given for an expeditious disposal of the said matter. After hearing the learned counsel and the other side, since applications for hearing under W.P.(C) No.11300 of 2008 2 Sections 227 and 228 are already pending before the court, it is sufficient if direction is given to the learned Additional Sessions Judge (Abkari cases), Kottarakkara to dispose of the same at any rate within a period of one month from today and he is also directed to dispose of S.C. 1648/02 within the very same period of one month. I make it very clear that I am not entering into the merit of the case and it is for the court to decide the matter pending consideration and dispose it of in accordance with law. The petitioner is also entitled to approach for the renewal or issuance of a passport when the period of six months is over or above to be over and let it also be considered on merit by the court below. The writ petition is disposed of accordingly. M.N.KRISHNAN JUDGE pac