IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 7544 of 2010(P) ------------------------- PETITIONER: -------------- A.D.POLY, S/O.THAMBRI DEVASSY AMBADAN HOUSE, MUNNURPILLY,EZHATTUMUGHAM PO ERNAKULAM DISTRICT. BY ADV. SRI.K.I.ABDUL RASHEED RESPONDENTS: ----------------- 1. THE REGIONAL PASSPORT OFFICER PANAMPILLY NAGAR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE ANGAMALY, ERNAKULAM DISTRICT. R1 BY SRI.T.P.M. IBRAHIM KHAN, ASST. SOLICITOR GENERAL R2 BY GOVT. PLEADER, SRI.P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.Ramachandran Nair, J. ------------------------------------------ W.P.(C) No.7544 of 2010 ------------------------------------------ Dated this the 9th day of March, 2010 JUDGMENT The petitioner is an applicant for issuance of passport. His application was received by the first respondent on 3.8.2009 and numbered as Z725161/2009. Petitioner is involved in a criminal offence, namely Crime No.955/2009 of Angamaly Police Station. The allegation is that on 7.5.2009 a harthal was declared by the United Democratic Front wherein some of the persons supporting the United Democratic Front pelted stones to a KSRTC bus causing loss to the Government. Ext.P1 is the copy of the First Information Report, wherein the name of the petitioner is not included, but later he has been implicated as second accused and Ext.P2 is the copy of the final report. 2. The first respondent Passport Officer by Ext.P3 informed the petitioner that on the date of application a criminal case is pending against him and unless a copy of the judgment is W.P.(C) No.7544/2010 - 2 - produced, it will be difficult for them to issue passport. Aggrieved by the same, the writ petition is filed. 3. Learned counsel for the petitioner submits that only summons has been issued to the accused to appear and it may take a long time to conclude the trial. Petitioner needs a passport for his job requirement. 4. It is stated that the criminal case is pending before the Judicial First Class Magistrate-II, Aluva. Therefore, it is upto the petitioner to move the learned Magistrate for getting appropriate orders for enabling the petitioner to get the passport. 5. Learned counsel for the petitioner submits that the petitioner is expected to go abroad by the last week of March, 2010. Therefore, if an application is submitted by the petitioner, the same will be disposed of by the learned Magistrate within a short period. Writ petition is disposed of as above. T.R.Ramachandran Nair, Judge vns