ANITHA ABRAHAM SAVITHRI Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayers in the above writ petition is as follows:

(2.) Heard Smt. Amrutha Suresh, learned counsel appearing for the petitioner and Smt. S. Krishna, learned Central Government counsel appearing for the respondent Union of India.

(3.) The petitioner has been arrayed as the sole accused in crime No.467/2014 of Thiruvananthapuram Medical College Police Station, which has been registered for offence punishable under Sections 419 and 420 of the IPC. The police after investigation has filed Ext.P1 final report/charge sheet before the Chief Judicial Magistrate's Court, Thiruvananthapuram pursuant to which, the said Court has taken cognizance and now the case is pending as Calender Case CC No.664/2015 on the file of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram, for the said offence. The petitioner would point out that she had earlier married one Sri. Binoj Kumar and a girl child now aged 10 years has been born in her wedlock with that person. That the petitioner's husband has now deserted the petitioner and she is literally a destitute. Further that, it is reliably learned that on account of certain transactions actually effected by her husband, petitioner has been falsely implicated in the above said crime. Further that her 10 year old minor daughter has enacted as a child artist in various television serials and movies and has also got awards as can be seen from Ext.P2 series of documents and that the said minor daughter has been offered a role in a film which is to be shot in a foreign country (Dubai) and for that purpose, passport was taken in the name of the petitioner's daughter as per Ext.P3 which is now current upto 20/05/2023. Since the child is only a minor, the petitioner is constrained to travel with her to a foreign country for carrying out the said professional assignment for the child which would earn some income for the family, as otherwise the petitioner and her daughter are now virtually destitutes. Ext.P5 is the offer made by the film agency concerned. Since petitioner has to travel abroad with her child, she has made an application for grant of passport before the 2nd respondent-Regional Passport Officer, Thiruvananthapuram and final report/charge sheet has already been filed in the said crime, the 2nd respondent has taken a stand that passport cannot be issued to her.