HUSSAIN. P. Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) IT is averred that the petitioner is working as Chief Cook in the Merchant Navy of the Company owned by a Hong Kong Shipping Company and that alleging physical assault which occurred on 04.07.2010, Ext.P2 complaint was filed against the petitioner, upon which cognizance was taken thereon by Ext.P3 order by the Judicial First Class Magistrate Court -II, Hosdurg for offence under Section 326 and 34 IPC.

(2.) THIS Court by order dated 22.04.2014 in Crl.M.C.No.2087/2014 has granted stay of all further proceedings against the petitioner in C.C.No.7/2011 against the petitioner in the above crime until further orders as per Ext.P5 herein. The grievance of the petitioner is that the validity of his passport is expiring on 10.06.2014 and after renewal of the passport, petitioner has to join duty in Hong Kong by 15.05.2014. The petitioner has submitted Ext.P6 application for renewal of his passport before the respondent Regional Passport Officer, Kozhikode. Ext.P7 is the request submitted by him before the respondent Passport Officer stating the necessity for renewal of passport especially in the light of the stay order granted by this Court in Crl.M.C.No.2087/2014.

(3.) AS stay of all further proceedings in the aforementioned crime registered against the petitioner was granted by this Court in Crl.M.C.No.2087/2014, this Court is now inclined to direct the respondent Regional Passport Officer, Kozhikode to renew the passport of the petitioner for two years, subject to the fulfillment of all other criteria and requisite formalities in that regard. The renewal of passport shall not be rejected only on the ground that the pendency of the aforesaid mentioned crime in view of the stay order granted by this Court in Ext.P5 order. However to enable this, the petitioner shall submit the original of his passport before the respondent and the respondent shall possess the same and renew the passport in terms of the conditions and directions stated above. However, the renewed passport need not be returned back to the petitioner, until he obtains orders from this Court in Crl.M.C.No.2087/2014 for permission to go abroad during the pendency of the Crl.M.C.