IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 25177 of 2008(V) -------------------------- AGAINST THE ORDER IN CC 425/06 IN CC.424/2006 of J.M.F.C., MANNARKAD .................... PETITIONERS: ------------ 1. K.SYED MUHAMMED,AGED 69,S/O.KUNJUMON HAJIYAR,H.NO.87,COURT ROAD,OPP.NEW BUS STAND, ALATHUR P.O,PALAKKADU DISTRICT 678 541. 2. FATHIMABI,AGED 60,W/O.SUED MUHAMMED, H.NO.87,COURT ROAD,OPP.NEW BUS STAND, ALATHUR P.O,PALAKKAD DISTRICT 678541. 3. THAJINEESA,AGED 43,D/O.SYED MUHAMMED, H.NO.87,COURT ROAD,OPP.NEW BUS STAND, ALTHUR P.O,PALAKKADU DISTRICT.678541. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS: ------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR JUDICIAL FIRST CLASS MAGISTRATE COURT, MANNARKADU. 2. UNNI MADHAVAN NAIR,AGED 70, S/O.VELYUDHAN NAIR,LEELA MANDHIR, MALAMALAMUKKIL,ALATHOOR VILLAGE, ALATHOOR TALUK. 3. MADHU,AGED 27,UNNIMADHAVAN NAIR, LEELA MANDHIR,MALAMALAMUKKIL, ALATHOOR VILLAGE,ALATHOOR TALUK. R1 BY GOVT. PLEADER SRI. AMJATH ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 25177 of 2008 V - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2008 JUDGMENT Against the petitioners C.C.425 of 2006 is pending before the J.F.M.C., Mannarghat alleging offences punishable, inter alia, under Section 506(ii) I.P.C. The petitioners want to apply for renewal of the passport. In the application for the passport there is a column, which obliges the petitioners to furnish a no objection certificate from the competent court for grant of passport. The petitioners have not applied for any such certificate. But they have come to this Court with this petition under Article 226 of the Constitution for a direction to the learned Magistrate for issue of a no objection certificate. 2. The petitioners must apply for leave of the learned Magistrate to apply for passport. The learned Magistrate, after hearing the prosecution, may take a decision on the question whether pendency of the proceedings against them should dis- W.P.C.No. 25177 of 2008 2 entitle them to apply for and obtain passport. If the learned Magistrate after considering all relevant documents takes the view that the petitioners can apply for grant of passport, appropriate orders may be passed and such orders can be produced before the Passport authorities. Without and before making such applications, I find no merit in the request of the petitioners to issue directions under Article 226 of the Constitution. 3. This writ petition is dismissed, but with the specific observation that the petitioners can apply before the learned Magistrate for leave to apply for grant of passport and the learned Magistrate must thereupon pass appropriate orders taking a specific stand as to whether the learned Magistrate has any objection in the petitioners applying for passport and passport being granted to them. Such orders can be produced before the Passport authorities by the petitioners to satisfy the requirement of query 17(c) in the passport application. (R. BASANT) Judge tm