MOHAMMED ASARUDDEEN Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The petitioner concedes that he is an accused in crime No.324 of 2016 before the Additional Sessions Court-II, Kasaragode, which has been registered under various provisions of the Indian Penal Code, for offences relating to his passport. According to him, he has now obtained an opportunity to travel to the UAE for employment and he prays that the competent passport officer be directed to issue him a temporary passport for two years.

(2.) The foundational basis for the petitioner in making this prayer appears to be that the Sessions Court-II, Kasaragode is not now sitting and therefore, that there is no chance of his case being taken to trial in the next two years. He thus prays that at least until such time as the Court takes his case for trial, he may be permitted to travel on the basis of a temporary passport. The petitioner further says that another accused in the same crime in which he is implicated has already obtain Ext.P1 order from this Court wherein he says that directions had been issued to the Passport Authority to renew the temporary passport for that person.

(3.) The learned Central Government Counsel submits that the petitioner would obtain the eligibility to apply for a new passport, albeit temporary, only if the competent Criminal Court, grants him permission to travel outside India. He says that since the said court has enlarged him on bail, it is obvious that his entitlement to travel depends upon further orders to be issued by that court.