MOHAMAD SHAFI Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) In this writ petition, petitioner seek, a direction to the respondent to take back the original of Ext.P3 Passport and issue a fresh Passport valid for a period of 10 years, and other consequential reliefs. Material facts for the disposal of the writ petition are as follows:

(2.) Grievance of the petitioner is that since the respondent has issued the Passport to the petitioner for a period of one year on account of pendency of a criminal case, visa cannot be stamped in the Passport of the petitioner. Petitioner is an accused in ST.No. 1394 of 2016 on the files of the Judicial First Class Magistrate Court, Chavakkad, arising from Crime No.35 of 2016 of the Guruvayur Police Station for the offences punishable under Sections 341 and 323, r/w Sec. 34 of IPC. Petitioner was released on bail and was regularly appearing before the trial court. Petitioner, after completing his education, wanted to go abroad for securing employment. Therefore, petitioner applied before the J.F.C.M Court, Chavakkad seeking permission to go abroad in terms of notification No.G.S.R 570(E) dated 25.08.1993 issued by the Ministry of External Affairs, Government of India, in terms of Sec. 22 of the Passports Act, 1967. The learned Magistrate allowed the application, holding that the petitioner is already enlarged on bail and is now facing trial, and the presence of the petitioner on all posting dates is not necessary. Therefore, it is observed that there was no objection for issuing Passport to the petitioner and the Passport authority can issue the Passport to the petitioner ignoring the pendency of the case, evident from Ext.P

(3.) Thereupon, petitioner applied for a Passport after complying with all the formalities required for the purpose. Accordingly, respondent has issued a Passport bearing No. N9778258 dated 12.04.2016, which is valid only for a period of 1 year, and the date of expiry of the said Passport is 11.04.2017, evident from Ext.P