High CourtsSingle Bench(2021) 06 KL CK 0246

Shihab Kallungal @ Shihabudheen vs State Of Kerala

High Court Of Kerala · Decided on 16 June 2021

HON’BLE JUDGES
N.Anil Kumar, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 2732 Of 2021

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Judgment

12 paragraphs · 214 words

N.Anil Kumar, J

1.

Heard the learned counsel for the petitioner and learned CGC for respondents 2 and 4. The petitioner is currently working abroad. His passport

No.J-5247159 expired by 01.06.2021. Hence he had applied for renewal of the passport on 22.12.2020. It was rejected on the ground that criminal

cases are pending against him presumably under Section 6(2)(f) of the Passport Act. Hence the petitioner moved before the Judicial First Class

Magistrate, Kodungallur seeking permission to renew his passport. However, the said petition was dismissed by Annexure-A7 order on the ground

that the petitioner's presence is absolutely essential for trial of the case. Challenging Annexure-A7 order, the petitioner has filed this criminal

miscellaneous case.

2.

Having considered the facts and circumstances involved, the learned CGC submits that in case sanction is accorded by the court it is within the

realm of Authorities to renew the passport in accordance with Rules. There is absolutely no reason to deny renewal of the passport. Hence there will

be a direction to the 4th respondent to renew the petitioner's Indian passport No.J-5247159, for a period of two years, as applied vide Annexure-A2 at

the earliest preferrably within three months from the date of this order, provided the application is otherwise in order. Crl.M.C. is disposed of

accordingly.