MOHAMMED AFZAL Vs. STATE OF KERALA

JUDGEMENT

(1.) These two petitions were filed by the petitioner challenging the common order passed by the Judicial First Class Magistrate, Chavakkad in Crl. M.P. No. 2305/2014 in C.C. No. 522/2013 and Crl. M.P. No. 2306/14 in C.C. No. 70/2012 pending before that court under Section 482 of Code of Criminal Procedure.

(2.) The common case of the petitioner in both these cases is that the petitioner has been arrayed as 8th accused in C.C. No. 522/13 and 70/12 on the file of Judicial First Class Magistrate Court, Chavakkad which originated on the basis of Crime Nos. 461/2008 & 462/2008 both of Pavaratty Police Station respectively. Since the cases are pending before the magistrate court, without getting permission from the concerned court, he may not be able to apply for passport. He moved Crl. M.P. No. 2305/2014 in C.C. No. 522/2013 and Crl. M.P. No. 2306/14 in C.C. No. 70/2012 both pending before that court for issuing No Objection Certificate to the passport authorities for granting temporary passport. But, that petition was dismissed by the learned magistrate by the common order which is being challenged by the petitioner by filing these petitions.

(3.) Heard the Counsel for the petitioner and the learned Public Prosecutor and also called for a report from the concerned court regarding the present stage of both the cases and the learned magistrate had sent two separate reports in respect of the present stage of the cases which reads as follows: