SREEJAN Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) In this writ petition, the prayer of the petitioner is to direct the first respondent to release his passport.

(2.) From the pleadings, it would appear that the passport is withheld by the first respondent on account of the fact that a report has been given by the second respondent, stating that the petitioner is an accused in C.C.No.113/2007 pending before the Judicial First Class Magistrate, North Paravur.

(3.) Since the petitioner is an accused in the aforesaid criminal case, in view of the provisions contained in Section 6 (2)(f) of the Passports Act, 1967, petitioner is ineligible to hold a passport. However, in view of the provisions contained in the order issued by the Government of India, the course open to the petitioner is to make an application to the Court, where the criminal case is pending and obtain the permission of the Court and produce the order so passed by the first respondent and get the passport released. Therefore, leaving it open to the petitioner to move the JFCM, North Paravur, producing the notification issued by the Government of India, enabling the Court to pass an order as directed above, and seek release of the passport from the first respondent, this writ petition is disposed of.