High CourtsSingle Bench

Joseph Fabin vs State Of Kerala

High Court Of Kerala · Decided on 15 June 2023 · Citation: (2023) 06 KL CK 0198

HON’BLE JUDGES
Dr. Kauser Edappagath, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 143, 147, 149, 323, 324, 427
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 4661 Of 2023
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Judgment

6 paragraphs · 285 words

Dr. Kauser Edappagath, J

1.

The petitioner is the accused No.10 in C.C.No.1113/2017 pending on the files of the Judicial First Class Magistrate Court-I, Kochi (for short 'the court below'). The offences alleged are punishable under Sections 143, 147, 149, 323, 324 and 427 of the IPC.

2.

The petitioner is on bail. He is working at Saudi Arabia. His passport will expire on 24.7.2023. He filed an application at the court below for grant of no objection certificate to renew his passport. The court below allowed the application without specifying any time limit. Thereafter the respondent No.2 issued a passport with a validity of one year. According to the petitioner, unless the passport is renewed atleast for a period of 3 years, he will not be able to apply for job. It is in these circumstances he has approached this Court.

3.

I have heard the learned counsel for the petitioner as well as the learned Senior Public Prosecutor.

4.

The case is of the year 2017. However, the FSL report has not been obtained. The impugned order would show that it will take some more time to dispose of the matter finally. The petitioner wants to go abroad to take up his employment. According to him, unless his passport is renewed, he will not be able to get good job. Considering all these facts, I am of the view that the petitioner can be permitted to apply for passport for three years. Hence, the respondent No.2 is directed to issue passport with a validity of three years, in accordance with law. Needless to say, the petitioner has to obtain permission from the court below before leaving the country.

The Crl.M.C is disposed of.