IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 18942 of 2010(P) --------------------------------------- PETITIONER: ------------------- MUHAMMED KHAN, S/O.MYTHEEN ADIMA, AGED 72 YEARS, RESIDING AT TC.41/2462, TAZHUR RAHIMAT HOUSE, KARIATH, MANAKKAD, TRIVANDRUM. BY ADVS. SRI.M.R.HARIRAJ, SRI.SURAJ.S, SRI.P.A.KUMARAN, SMT.VINEETHA. B, SRI.NIRMAL V NAIR. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE PASSPORT OFFICER, PASSPORT OFFICE, S.N.S.M BUILDING, KARALKADA JUNCTION, KAITHAMUKKU, TRIVANDRUM. * 3. SUB INSPECTOR OF POLICE, SPECIAL SQUAD, CPO, TRIVANDRUM. * DELETED FROM THE PARTY ARRAY AS PER ORDER IN I.A. NO.9134/10 DTD. 08/07/2010. R1 & R2 BY SRI. T.P.M. IBRAHIMKHAN, A.S.G, ADV. SMT.MINI R.MENON, ADDL.CGSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18942/2010-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 02/12/2005 IN CRL.M.A. NO. 13257/05 IN CRL.M.C. 10529/02 OF THIS HON'BLE COURT. EXT.P.2: COPY OF THE PASSPORT NO.F.5709836 DTD. 08/12/2005. EXT.P.3: COPY OF THE JUDGMENT DTD. 28/02/2008 IN CRL.M.C. 10528/02 OF THIS HON'BLE COURT. EXT.P.4: COPY OF THE RECEIPT DTD. 07/02/2006 ISSUED BY THE PASSPORT OFFICER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.18942 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2010 J U D G M E N T Petitioner's passport was surrendered in view of pendency of a number of criminal cases against him. According to the petitioner, all the criminal cases have been quashed by this court and therefore no criminal cases are pending now. Petitioner therefore seeks a direction to the 2nd respondent to return the passport of the petitioner. On behalf of the 2nd respondent a statement has been filed which reads thus: “3. It is humbly submitted that the petitioner had applied for passport facilities in this office vide file No.B033120/2005. A police report was received from the Commissioner of Police, Trivandrum City stating that criminal cases were pending against the petitioner. On the basis of the order of the Hon'ble Court passport was issued to the petitioner for a period of two months in order to enable to perform Haji Pilgrimage and afterwards he had surrendered the passport to this office. The above writ petition is filed for release of the passport. 4. It may noted that the petitioner has not approached the undersigned along with judgment dated 28.02.2008 of the Hon'ble Court in O.P.Nos.12373/98, ....2768/05 and 1988/2005 wherein the Hon'ble Court has quashed all first information reports registered against the petitioner W.P.(C)No.18942 of 2010 -2- at various police stations and the proceeding before the Criminal Courts which are under challenge. In the judgment it is reiterated that it will be open to the state and/or its prosecuting agency to proceed with the respective crimes/cases in accordance with law subject to the final order/directions that may be issued by their Lordships of the Supreme Court in the pending cases. 5. It is humbly submitted that we have no objection in releasing the passport of the petitioner subject to a clear re-verification report from the police authorities.” In view of the above statement, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on the claim of the petitioner for return of the passport in accordance with law as expeditiously as possible, at any rate within a period of two weeks from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/