SREEJESH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is the holder of an Indian Passport and is presently employed in the Kingdom of Saudi Arabia. His passport expired on 17/1/2026. He has applied for reissuance of passport, as evidenced by Ext.P1. However, the passport is not renewed on the ground of adverse police verification report stating that a criminal case is pending against the petitioner.

(2.) The petitioner states that he is accused No.1 in C.C.No.340 of 2022 on the files of the Judicial First Class Magistrate Court-II, Kannur. The said court has issued a non-bailable warrant against the petitioner, as evidenced by Ext.P4. Though the petitioner filed Crl.M.C.No.2033 of 2026 before this Court, by Ext.P5 order dtd. 6/3/2026, this Court directed the petitioner to surrender before the learned Magistrate within one month and directed the learned Magistrate to consider and dispose of the bail application on the day of surrender itself. The petitioner states that he could not comply with the said direction as his passport had already expired and not renewed. The petitioner states that he is entitled to be reissued with a passport in terms of G.S.R No.570(E) dtd. 25/8/1993 issued by the 1st respondent. In the said circumstances, the petitioner has filed this writ petition for a direction to respondent Nos.2 and 3 to process the application of the petitioner for issuance of a short validity passport for a period of one year to travel to India.

(3.) Sri.Suvin R.Menon, learned Senior Panel Counsel submits that since the petitioner is an accused in a criminal case, the passport can be reissued only after obtaining permission from the competent criminal court. It is also submitted that since a non- bailable warrant is pending against the petitioner, he can be issued only an emergency certificate to travel to India.