MAVIS DAVIS Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is accused in Crime No.335 of 2008 (wrongly stated in the petition as Crime No.355 of 2008) of Vadanappallay Police Station for offences punishable under Secs.420, 406, 417, 456 r/w 34 of the Penal Code. Since the passport of the petitioner was to expire on 07.01.2011 he made an application to the authorities concerned for renewal of the passport. That request was rejected by the said authority for the reason that a criminal case (Crime No.335 of 2008) is pending against petitioner. Thereon, petitioner filed C.M.P.No.9222 of 2010 (in C.C.No.1487 of 2008) before learned Judicial First Class Magistrate, Chavakkad for direction to issue certificate to facilitate renewal of the licence in view of notification No.GSR 570(E) dated 25.08.1993. That application was dismissed by the learned Magistrate for the reason that proceedings (in C.C.No.1487 of 2008) has been stayed by this court as per order dated 15.10.2010 for two months, counsel for first accused submitted that the stay was extended for a period of two months but, petitioner did not produce either a copy of the order or file affidavit as directed by the learned Magistrate. Learned counsel requested that learned Magistrate may be directed to consider the application on merit.

(2.) I have heard learned Public Prosecutor.