Dr. Ambili N.R. v. Regional Passport Officer, Regional Passport Office, Kochi and Station House Officer, Chombala Police Station, Kozhikode District

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **MONDAY, THE 26[TH] DAY OF FEBRUARY 2024/7TH PHALGUNA, 1945** **WP(C) NO. 27456 OF 2023** ## **PETITIONER:** **DR. AMBILI N.R., AGED 52 YEARS, W/O. DR. ANAND P.M, SHAMANGALATH, R.K JUNCTION, VETTUVENI, HARIPAD, ALAPPUZHA DISTRICT, PIN – 690514** **BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN ARUN BOSE B.BIPIN JEENA A.V. THOMAS THOMAS** ## **RESPONDENTS:** **1 THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI, PIN - 682036 2 THE STATION HOUSE OFFICER, CHOMBALA POLICE STATION, KOZHIKODE DISTRICT, PIN – 673308** **BY ADVS. SRI.S.MANU, DSGI SRI.SREEJITH V.S., GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.27456/2023 : 2 : ## **JUDGMENT** Dated this the 26[th] day of February, 2024 The petitioner is before this Court seeking to direct the 1[st] respondent to issue Passport to the petitioner without any further delay. 2. The petitioner states that the petitioner made an online application for Passport on 10.12.2022. The petitioner was required to appear before the Passport Seva Kendra on 15.12.2022. When the petitioner approached the Passport Seva Kendra, the respondents noted certain defects in the application. The petitioner cleared all the defects. Then the Passport Authorities demanded that since a Criminal Case is pending, the petitioner has to produce order from the Criminal Court concerned. 3. The petitioner states that the Criminal Case relating to the petitioner is one under Sections 498A and W.P.(C) No.27456/2023 : 3 : 406 read with Section 34 of the Indian Penal Code. The petitioner has approached this Court filing B.A. No.8836 of 2022 and this Court has granted Anticipatory Bail to the petitioner as per Ext.P2 order. The cognizance of the case was taken only on 16.08.2023. 4. The Passport Authorities are not issuing Passport even now. The counsel for the petitioner relied on the judgment of this Court in _**Thadevoose Sebastian v. Regional Passport Office and Another** [2021 (5) KLT 531]_ to contend that if the final report has not been filed and cognizance not taken yet, there is no criminal proceeding pending and the Passport Authority is free to decide the grant of Passport without permission from the Magistrate. 5. Deputy Solicitor General of India entered appearance and resisted the writ petition. The Deputy Solicitor General of India submitted that the petitioner in pursuance of the interim order dated 22.11.2023 of this Court, appeared before the Passport Authority and has submitted a fresh application for Passport. The file of the W.P.(C) No.27456/2023 : 4 : earlier application was closed by the Passport Authority. When the petitioner submitted fresh application for Passport, the petitioner had admitted that a Criminal Case is pending. Furthermore, the petitioner being a Government servant, the petitioner has to produce Annexure G Form duly signed by the Superior Officers. The Annexure G submitted by the petitioner at the time of application for Passport, stands expired after six months. The petitioner was required to produce the Court order as well as Annexure G Form duly filled in. 6. Since the petitioner has submitted a fresh application, the application can be considered once the petitioner produced these two documents. The counsel for the petitioner argued that since the petitioner's earlier online application was on 10.12.2022 and as on the date of the application cognizance of the criminal case was not taken, the Passport Authorities are bound to issue Passport to the petitioner ignoring the criminal case subsequently taken cognizance of. The petitioner relied on the judgment in the W.P.(C) No.27456/2023 : 5 : _**Thadevoose Sebastian**_ (supra). The counsel urged that the respondents are deliberately denying Passport to the petitioner. The petitioner does not intend to go abroad as of now. For going abroad, the petitioner will indeed obtain orders from the Criminal court. 7. I have heard the learned counsel for the petitioner and the learned Deputy Solicitor General of India representing the respondents. 8. The facts would disclose that on 10.12.2022, the petitioner submitted application. At that time, there were no criminal cases pending in respect of which cognizance was taken by any Court. However, the petitioner's application contained certain defects. The petitioner was required to cure the defects. By the time, the Criminal Court had taken cognizance of the Criminal Case for offences under Sections 498A and 406 read with Section 34 of the Indian Penal Code. Cognizance was taken on 16.08.2023. Once cognizance is taken, the petitioner is bound to obtain orders from the Criminal Court for issuance of Passport. The W.P.(C) No.27456/2023 : 6 : judgment of this Court in _**Thadevoose Sebastian**_ (supra) will not be of any help to the petitioner because the question whether criminal case is pending is to be considered as on the date of processing the application and not on the date of submission of application. 9. Be that as it may, in pursuance of the interim orders of this Court, the petitioner has approached the Passport Authorities and submitted fresh application. The petitioner has been required by the respondents to produce Court order from the competent Criminal Court and Annexure G Form duly signed. 10. Since the petitioner's earlier application stands closed and since no Passport has issued on the basis of first application because as on the date of the processing the application there was a Criminal Case pending in the Court, closure of the Passport application of the petitioner is fully justified. In the facts and circumstances of the case, the writ petition is disposed of directing that if the petitioner W.P.(C) No.27456/2023 : 7 : submits reply to the file closure notice and produces orders from the Criminal Court for permission to go abroad and the petitioner produces Annexure G Form duly filled in, the Passport Authorities shall consider the same and take appropriate decision thereon as expeditiously as possible and at any rate within a period of one month from the production of these two documents. Sd/- **N. NAGARESH JUDGE** SR W.P.(C) No.27456/2023 : 8 : ## **APPENDIX OF WP(C) 27456/2023** **PETITIONER'S EXHIBITS:** **Exhibit P1 TRUE COPY OF THE ONLINE APPLICATION SUBMITTED BY THE PETITIONER DATED 15.12.2022 Exhibit P2 TRUE COPY ORDER DATED 15.11.2022 IN B.A NO.8836/2022 OF THE HON'BLE HIGH COURT OF KERALA Exhibit P3 TRUE COPY OF THE APPOINTMENT RECEIPT DATED 15.12.2022.**