IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 24982 of 2011(W) -------------------------- PETITIONER(S): --------------------- GEORGE VARGHESE, AGED 58, S/O.VARGHESE, KARATHARA HOUSE, ASHTAMICHIRA P.O., THIRUSSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SUB INSPECTOR OF POLICE, NEDUMBASSERY POLICE STATION, ALUVA-686 035. 3. THE PASSPORT OFFICER, COCHIN, ERNAKULAM-686 035. R1 AND R2 BY GOVT. PLEADER, SRI.M.J. RAJASHREE. R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MM WP(C)NO.24982/2011 APPENDIX PETITIONER'S EXHIBITS : P1 COPY OF THE F I R IN CRIME NO 258 OF 2011 DATED 25/3/2011 OF THE NEDUMBASSERY POLICE. P2 COPY OF THE REPORT OF THE SECOND RESPONDENT TO THE J F C M-11, ALUVA P3 COPY OF THE ORDER PASSED IN CRL. M P NO 815/2011 IN CRIME NO 258/2011 DATED 7/5/2011 P4 COPY OF THE ORDER PASSED IN CRL. M P NO 1022/2011 IN CRIME NO 258/2011 OF THE NEDUMBASSERY POLICE STATION ON THE FILE OF THE J F C MOII, ALUVA. P5 COPY OF THE ORDER PASSED IN O P (CRL.) NO 1954 OF 2011 DATED 11/7/2011 P6 COPY OF THE AFFIDAVIT FILED BY THE THIRD RESPONDENT DATED 25/8/2011 BEFORE THIS HON'BLE COURT P7 COPY OF THE JUDGMENT IN O P (Crl. ) NO 1954 OF 2011 DATED 3/8/2011 OF THIS HON'BLE COURT P8 COPY OF THE REQUEST OF THE PETITIONER DATED 5/9/2011 BEFORE THE PASSPORT OFFICER RESPONDENT'S EXHIBITS : NIL TRUE COPY P.A. TO JUDGE MM ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 24982 of 2011 W ``````````````````````````````````````````````````````````` Dated this the 27th day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner, holder of an Indian passport bearing No.5132405, is an accused in Crime No.258/2011 of the Nedumbassery Police Station for offences under the Indian Penal Code and the Passports Act. On account of his involvement in the criminal case, his passport has been seized by the police and is now forwarded to the third respondent. 2. Petitioner submits that, as a result of the above, he is unable to travel abroad and renew his visa resulting in loss of his employment. In the aforesaid circumstances, the writ petition has been filed, seeking a direction for release of the passport. 3. However, in view of the provisions contained in the Passports Act, on account of the fact that the allegation against the petitioner is that he has tampered with the W.P.(C) No.24982/2011 : 2 : entries in the passport and the passport got invalidated automatically. 4. As a result of the above, no order can be passed for release of the passport. In such circumstances, the prayer in the writ petition cannot be granted. Accordingly, writ petition is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks/27/09 // True Copy // P.A. To Judge