LAWS(KER)-2021-9-39

THADEVOOSE SEBASTIAN Vs. REGIONAL PASSPORT OFFICE

Decided On September 30, 2021
Thadevoose Sebastian Appellant
V/S
REGIONAL PASSPORT OFFICE Respondents

JUDGEMENT

(1.) Petitioner challenges the communication issued by the Regional Passport Officer informing him of the short comings in his application for issuance of a passport. Reliefs are also sought for the issuance of a fresh passport in accordance with the circulars issued by the Government of India.

(2.) Petitioner was the holder of an Indian Passport bearing No. Z1969747 issued from Dubai and valid till 11.12.2020. It is alleged by the petitioner that, while he came for a visit to his hometown in April, 2012, he lost his passport within the premises of Nedumbassery Airport. The fact of loss of passport was intimated to the police station and he obtained a certificate dated 20.11.2012 from the police that no useful information have been received relating to the missing passport. Curiously, on the very same day petitioner received the certificate as mentioned above, an FIR was registered before the Ernakulam Rural Police Station against the petitioner as F.I.R. No.1480 dated 20.11.2012, alleging offences under sections 406, 419 and 420 of IPC apart from sections 12(1)(a), (d) of Passports Act, 1967. It was alleged in the crime that petitioner had impersonated the defacto complainant and travelled with the defacto complainant's passport on 10.10.2012 from Sharjah, after taking possession of the passport of the complainant by committing a breach of trust.

(3.) Petitioner contends that he had applied for a fresh passport on 26.11.2012, but since, in the meanwhile, the aforenoted crime was registered, petitioner was stuck in Kerala and has not returned back to Sharja till date. It is pleaded that by Ext.P5 dated 08.12.2014 petitioner was informed from the passport office that due to the adverse report on the pendency of the crime, the file for issuance of passport was closed.