Kerala High Court
Shaji Puthukkudi vs Union Of India on 15 February, 2016
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 2ND DAY OF AUGUST 2017/11TH SRAVANA, 1939
WP(C).No. 23104 of 2017 (K)
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PETITIONER:
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SHAJI PUTHUKKUDI,
AGED 45 YEARS, S/O.MADHAVAN NAIR, THIYYAROTH ,
MEETHAL HOUSE, MEPPAYUR POST, KOZHIKODE,
KERALA , PIN-673524.
BY ADV. SRI.M.G.SREEJITH
RESPONDENTS:
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1. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
E BLOCK, CENTRAL SECRETARIAT,NEW DELHI,
PIN-110001.
2. THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, KOZHIKODE,
ERANHIPALAM POST, KOZHIKODE, PIN-673006.
3. THE DISTRICT POLICE CHIEF,
OFFICE OF THE POLICE CHIEF,
KOZHIKODE, PIN- 673001.
R1&2 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R3 BY GOVERNMENT PLEADER SRI.SANTHOSH PETER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02-08-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
-2-
WP(C).No. 23104 of 2017 (K)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF NOC DTD 31/10/2015 ISSUED BY THE DISTRICT
POLICE CHIEF, KOZHIKODE.
EXHIBIT P2 TRUE COPY OF LETTER DTD 15/2/2016 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P3 TRUE COPY OF JUDGMENT DTD 31/12/2015 IN THE FILES OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, VATAKARA IN
CC NO 1447/2015
EXHIBIT P4 TRUE COPY OF RECEIPT ISSUED FROM THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, VATAKARA.
EXHIBIT P5 TRUE COPY OF PROCEEDINGS DTD 27/12/2016 OF DISTRICT
POLICE CHIEF.
EXHIBIT P6 TRUE COPY OF INTIMATION OF CLOSURE LETTER DTD 13/2/2017
ISSUED BY THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS
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ANNEXURE R2(A):- TRUE COPY OF THE SHOW CAUSE NOTICE DATED 15.2.2016
WAS ISSUED TO THE PETITIONER.
ANNEXURE R2(B):- TRUE COPY OF THE LETTER DATED NIL THE 2ND
RESPONDENT.
/TRUE COPY/
PS TO JUDGE
TS
P.B.SURESH KUMAR, J.
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W.P.(C).No.23104 of 2017-K.
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Dated this the 2nd day of August, 2017.
J U D G M E N T
The petitioner, a Police officer in the State service, has applied for a passport. The police verification report obtained by the authorities under the Passports Act, however, disclosed that the petitioner is an accused in a criminal case. When the said adverse report was brought to the notice of the petitioner, he informed the authorities under the Passports Act that the criminal case referred to in the police verification report is one settled by the parties. The case of the petitioner is that in so far as the case referred to in the police verification report has been settled, there is no impediment at all in issuing the passport applied for by the petitioner. He, therefore, seeks appropriate directions in this regard, in this writ petition.
2. A statement has been filed by the learned Assistant Solicitor General on behalf of respondents 1 and 2, contending that since the District Police Chief did not respond to WP.(C).No.23104/2017-K. 2 the clarification sought by the second respondent on the explanation offered by the petitioner in respect of the adverse police verification report, the file has been closed during February, 2017.
3. Heard the learned counsel for the petitioner as also the learned Assistant Solicitor General.
4. At the time of hearing, the learned Assistant Solicitor General pointed out that the petitioner himself has admitted in the writ petition that there was a subsequent criminal case against him and therefore, if he prefers a fresh application with the no objection certificate from the police department and the permission of the criminal court, the request of the petitioner can be considered.
5. In so far as it is admitted by the petitioner in the writ petition itself that a subsequent criminal case has been registered against him, the writ petition is disposed of in the light of the submission made by the learned Assistant Solicitor General permitting the petitioner to prefer a fresh application for passport with the no objection certificate of the department and the order of the criminal court permitting him to leave India, and directing WP.(C).No.23104/2017-K. 3 the authorities under the Passports Act to issue passport to the petitioner, if an application is preferred by him as directed above, having regard to the order passed by the criminal court and the norms followed for issuing passports to persons involved in criminal cases.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Kvs/-
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