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Judgment
P.V.Kunhikrishnan, J
The above writ petition is filed with following prayers :
“(i) Issue a writ of certiorari or appropriate writ or order quashing Exhibit P5 show cause notice issued to the petitioner by the 1st respondent
(ii) Issue a writ of mandamus or appropriate writ or order directing the 1st respondent not to impound passport No.Z3781730 dated 8.7.2019 issued to the petitioner on the ground CC 415 of 2016 and CC 584 of 2018 is pending before the trial court as these proceedings are challenged and pending before this Hon'ble Court in WPC No. 31370 of 2016 and WPC 32206 of 2016.
(iii) Declare that the pendency of the CC 415 of 2016 and CC 584 of 2018 pending before the JFCM-I Sulthan Bathery will not be a bar for the petitioner to travel abroad.
(iv) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents not to obstruct/prevent the travel of the petitioner abroad on account of the pendency of CC 415 of 2016 and CC 584 of 2018 before the Judicial First Class Magistrate Court, Sulthan Bathery.
(v) Dispense with producing English translation of documents in vernacular languages.
(vi) Pass such other order, as this Hon'ble Court deems fit, proper and necessary in the circumstances of the case.” [SIC]
The petitioner is the holder of passport No.Z3781730 re-issued by the 1st respondent. It is the case of the petitioner that he is an NRI entrepreneur who has got various business activities in Dubai, Malaysia, Hong Kong etc. He is also the Managing Director of M/s.Asian Surya Udyog Pvt. Ltd. a Company registered under the Indian Companies Act and the Managing Partner of M/s. Asian Motors dealing with sale and service of motor vehicles. The entry permit No.208/2022/87906567 dated 12.9.2022 issued by the General Directorate of Residency and Foreigners Affairs, Dubai is valid upto 10.11.2022. In the meanwhile, in 2017, the validity of the passport of the petitioner got expired and so he applied for re issue of passport and the 1st respondent re issued passport No.Z3781730 dated 8.7.2017. But on 12.7.2019, the Passport Officer based on the report of the Police that the petitioner is an accused in Crime No.460 of 2016 and Crime No. 461 pending before Judicial First Class Magistrate Court, Sultan Bathery as CC No. 415/2016 and CC No. 584/2018 issued a notice to the petitioner to show cause for not impounding his passport under Sec.10(3)(e) and Sec.12 (1)(b) of the Passports Act. To Ext.P5 notice, the petitioner submitted a detailed reply pointing out that the matter is pending before this Court and so Sec.10(3)(e) of the Passports Act will not be attracted. It is the case of the petitioner that after verifying the reply, the 1st respondent on convincing that the case is not pending before a criminal court returned back the passport to the petitioner. Thereafter, the petitioner has travelled on many occasions, it is submitted. Now, the Passport Authority is taking a stand that the petitioner will not be allowed to travel abroad as the final report has been filed. It is the case of the petitioner that the case is not likely to come up for trial at least for a period of 1 year. The petitioner has to go to abroad urgently. Hence, this writ petition.
Heard the learned counsel for the petitioner and the learned DSGI.
The counsel for the petitioner reiterated his contentions in the writ petition. DSGI submitted that the Department is taking action based on the Police report.
Admittedly, some cases are pending before the Jurisdictional Magistrate Court and some cases are pending investigation. If that is the case, the petitioner can approach the Jurisdictional Magistrate with an application to go abroad narrating the urgency. There can be a direction to the Jurisdictional Magistrate to consider those applications and pass appropriate orders based on the urgency pointed out in those applications.
Therefore, this writ petition is disposed of invoking the powers under Article 227 of the Constitution of India. with the following directions :
1) The petitioner is free to submit appropriate application before the Jurisdictional Magistrate Court narrating his grievance and allowing him to go abroad within three days from the date of receipt of a copy of this judgment.
2) Once such an application is received, the Jurisdictional Magistrate will consider the same, in the light of the dictum laid down by this Court on this aspect and pass appropriate orders in it as expeditiously as possible, at any rate, within one week from the date of receipt of a copy of this judgment along with the application. Issue a copy of this judgment on usual terms forthwith.