APPLE BARUA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a foreign national. He is involved in Crime No.871 of 2023 of Valiathura Police Station, Thiruvananthapuram District. The investigation in the case is going on. He has approached this Court to give a direction to the 3rd respondent, who is the investigating officer, to complete the investigation and file a final report within a time frame.

(2.) The Assistant Commissioner of Police, District Crime Branch, Thiruvananthapuram City submitted a report, in which it is stated that the investigation is over and the draft charge was submitted before the Assistant Public Prosecutor of the Judicial First Class Magistrate Court-XI, Thiruvananthapuram, for obtaining legal opinion. It is further stated that after obtaining the legal opinion, sanction has to be obtained from the Home department against the accused as per Sec. 15 of Indian Passport Act, 1967.

(3.) Considering the fact that the petitioner is a foreign national and he is in custody from 2023 onwards, there will be a direction to the 3rd respondent, to obtain the legal opinion from the Assistant Public Prosecutor without any further delay, at any rate, within two weeks from the date of receipt of a copy of this judgment. The request shall be made to the sanctioning authority to obtain sanction, if any. The sanctioning authority shall consider the request for prosecution sanction and take a decision as early as possible, at any rate, within a period of one month from the date of receipt of the request. The 3rd respondent shall file the final report before the Judicial First Class Magistrate Court-XI, Thiruvananthapuram within two weeks after the receipt of the sanction.