IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Crl.Rev.Pet.No. 374 of 2008() ----------------------------- CMP.4518/2007 of JUDL. MAGISTRATE OF FIRST CLASS, MALAPPURAM .................... REVN. PETITIONER: PETITIONER: ----------------------------- ALIPPU P.A., S/O. ISMAIL P.A. PANDARA ARAKKAL HOUSE, KODUR P.O., WEST KODUR, MALAPPURAM. BY ADV. SRI.DEVAPRASANTH.P.J. RESPONDENTS: RESPONDENTS AND STATE: ------------------------------------------------- 1. THE PASSPORT OFFICER, MALAPPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 374 of 2008 ========================== Dated this the 6th day of March, 2008. ORDER The petitioner challenges the order dated 16.01.2008 passed by the Judicial First Class Magistrate, Malappuram dismissing C.M.P. No. 4518/2007 filed by him for correction of his date of birth. According to him, he is the holder of Indian Passport No. Q-519768 issued from the Regional Passport Office, Kozhikode. He renewed his passport and obtained a fresh passport bearing No. E-6263104. The petitioner would have it that his date of birth in both the passports has been mistakenly shown as 23.05.1960 instead of 27.05.1963. Producing his original S.S.L.C book along with a copy as Ext.C1, he moved the Magistrate for correction of the date of birth. The application was dismissed by the learned Magistrate as per impugned order holding that Ext.C1 is not sufficient proof to pass a declaratory order as desired by the petitioner. It is the said order which is assailed in this revision. 2. In the light of the order dated 20.02.2008 passed by this CRL.R.P. NO. 374/2008 : 2: Court in Crl.M.C No. 346/2008, it is open to the Passport Issuing Authority itself to consider the claim of the petitioner with reference to his S.S.L.C book. If, however, that authority finds it difficult to accept the S.S.L.C book in support of his claim for correction of the date of birth, the petitioner shall be relegated to a Civil court for getting a declaratory order regarding his date of birth. This Crl.R.P is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 374/2008 : 3: