IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 10731 of 2011(N) ---------------------------------- PETITIONER(S): ------------------- K.K.EBRAHIM,AGED 58 YEARS,S/O.AHAMMED KHADAR,KOLLERIKUDU HOUSE,ERUMATHALA P.O, KEEZHMADU,ALUVA. BY ADV. SRI.E.S.M.KABEER RESPONDENT(S): -------------------- 1. THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, ERNAKULAM - 682 011. 2. THE SUB INSPECTOR OF POLICE,ALUVA - 683 010. R1 BY SRI.P.PARAMESWARAN NAIR, ASG. R2 BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs. ANTONY DOMINIC, J. ================ W.P.(C) NO. 10731 OF 2011 ===================== Dated this the 4th day of April, 2011 J U D G M E N T Petitioner submitted Ext.P1 application for the issuance of a passport. Apparently on account of the fact that police verification report indicated that the petitioner is an accused in Crime No.3031/09 of Aluva Police Station, passport has not been issued. It is in these circumstances, writ petition is filed seeking a direction to the 1st respondent to issue passport to the petitioner. 2. Section 6(2)(f) of the Passport Act provides that passport shall be refused to a person if any proceedings in respect of an offence alleged to have been committed by him is pending before a Criminal Court in India. Admittedly Crime No.3031/09 of Aluva Police Station has been registered against the petitioner and if that be so, petitioner cannot seek a direction from this Court for the issuance of a passport in his favour. 3. Be that as it may, as pointed out by this Court in Asok Kumar v. State of Kerala (2009(2) KLT 712), it will be open to the petitioner to apply to the Court concerned where FIR has been lodged and seek no objection from the Magistrate for the issuance WPC No. 10731/11 :2 : of a passport. It is directed that in the event such an order has been obtained by the petitioner, the 1st respondent will consider his application for passport and take appropriate action in the matter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp