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Judgment
10 paragraphs · 365 wordsA. Badharudeen, J
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the prayers are as under:
“i) quash Annexure AVI order dated 05.08.2024 in CMP No.3022/2024 in CC No.573/2024 in Crime No.286/2024 of Thalassery Police Station, on the files of Judicial Magistrate of First Class, Thalassery.
ii) to allow Annexure AV application, granting order for renewal of the passport of the petitioner, dehors the pendency of Crime No.286 of 2024 of Thalassery Police Station, Kannur District.”
Heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the 2nd respondent and the learned Public Prosecutor in detail.
According to the learned counsel for the petitioner, the petitioner left India and got employment in Dubai before registration of this crime. The learned counsel for the petitioner submits that his passport has expired with effect from 20.05.2023 and he is not in a position to renew the passport or to return to India because of non-renewal of his passport due to pendency of this case. Therefore, the petitioner pressed for an order, directing the 2nd respondent to renew the passport for a reasonable period.
The learned Standing Counsel appearing for the 2nd respondent would submit that when a criminal case is pending, passport would not be renewed unless Court permits to do so.
In this matter, as borne out from records, it is discernible that the crime was registered after two months of departure of the petitioner and in such a case, if the prayer to renew the passport is disallowed, the same would lead to dangerous situation. Therefore, in the interest of justice, I am inclined to allow this petition.
Therefore, the 2nd respondent is directed to re-issue the passport for a period of one year, on making application through the Embassy of India (through the proper channel as per law), forthwith.
It is also ordered that on getting re-issuance of the passport, the petitioner shall concede the jurisdiction of the trial court without much delay at any rate within a period of six months. The petitioner’s return to employment shall be subject to order of the trial court.