IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WP(C).No. 35367 of 2010(U) --------------------------------------- PETITIONER(S): ----------------------- KIRIMBANAKKAL MUSTHAFA, S/O.KARIMBANAKKAL AALI, KARIMBANAKKAL HOUSE, THOZHUVANUR-676 557, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN, SRI.SAIJO HASSAN, SRI.PRATHAP PILLAI, SRI.BENOJ C AUGUSTIN, SRI.SEBIN THOMAS, SMT.J.KASTHURI. RESPONDENT(S): -------------------------- 1. THE REGIONAL PASSPORT OFFICER, OFFICE OF THE REGIONAL PASSPORT OFFICER, PANAMPILLY NAGAR, KOCHI. 2. THE PASSPORT OFFICER, PASSPORT OFFICE, MALAPPURAM. 3. THE SUB-INSPECTOR OF POLICE, VALANCHERRY POLICE STATION, MALAPPURAM DISTRICT. R1 & R2 BY ADV. MR.T.P.M. IBRAHIMKHAN, ASST. SG. OF INDIA. R3 BY GOVT. PLEADER MR.P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs ANTONY DOMINIC, J. ================ W.P.(C) NO. 35367 OF 2010 ===================== Dated this the 25th day of November, 2010 J U D G M E N T According to the petitioner, on account of change of address, surrendering Ext.P1 passport, he made an application for a fresh one. That application was made to the 1st respondent. It is stated that, however passport is not being issued despite representations. 2. Pleadings in the writ petition itself show that, presently the petitioner is an accused in Crime No.226/10 registered by the Valancherry Police Station, which has been charge sheeted before the Judicial First Class Magistrate Court, Tirur. 3. Going by the provisions of Section 6(2)(f) of the Passports Act, a person who is involved in a criminal case is ineligible to be issued a passport. If that be so, since the petitioner admittedly is an accused in a criminal case, the Passport Officer cannot be faulted if passport is not issued to him. However Notification No.G.S.R.570(E) dated 25/8/93 has been issued by the Government of India providing that it will be open to such persons to make an application to the Court, before which WPC No. 35367/10 :2 : the criminal case is pending, and obtain orders enabling issuance of passport. This notification has been referred to by this Court in the judgment in Asok Kumar v. State of Kerala (2009(2) KLT 712). Therefore, the remedy available to the petitioner is to move the Judicial First Class Magistrate Court, Tirur, which is seized of the criminal case, in which he is accused, obtain order as contemplated in the Notification referred to above and produce the same before the Passport Officer to consider the application. With that liberty, the writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp