BY AD v. E.ADITHYAN

REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR (PO), COCHIN – 682036. BY ADVS. SRI.SREEJITH V.S., GOVERNMENT PLEADER SRI.S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.66 of 2024 :2: J U D G M E N T Dated this the 31st day of January, 2024 The petitioner is the accused in Crime No.1024 of 2018 of the Chengamanad Police Station alleging commission of offences under Sections 323 and 324 read with Section 34 IPC. The said case is currently pending before the Judicial First Class Magistrate's Court-I, Aluva as C.C.No.1283 of

2018. The petitioner is the holder of Passport No.Z7318174 and it is a valid Passport. The petitioner's bail order had no travel restrictions and the old Passport is still valid.

When the petitioner went to renew his Passport since the old one's pages got over, he was served with Ext.P1 notice. Upon reply by the petitioner, the 2nd respondent served with Ext.P3 notice, directing him to obtain permission from the Court in the absence of disposal of the case. The petitioner, who is currently abroad, cannot travel to India. Obtaining W.P.(C) No.66 of 2024 :3: permission from the trial court requires the petitioner to be personally present in Court by filing an affidavit. However, currently, the petitioner is abroad. Taking leave and coming to India might result in losing the job of the petitioner, contends the Counsel for the petitioner.

Deputy Solicitor General of India entered appearance and resisted the writ petition. A Statement has been filed on behalf of the respondents. It is submitted that the petitioner applied for renewal of Passport under the Tatkal Scheme. At the time of the application for renewal, a criminal case was registered against the petitioner. The petitioner did not divulge the fact or details of the criminal case. Therefore, notice has been issued to the petitioner.

Now, the petitioner has to surrender the said Passport. Thereafter, the petitioner can obtain an order from the criminal court for permission to go abroad. On the basis of W.P.(C) No.66 of 2024 :4: the order obtained from the competent criminal court, the petitioner's application for renewal can then be considered, contended the Deputy Solicitor General of India.

Counsel for the petitioner pointed out that now the petitioner is working in Singapore and he has to come back. Without a valid Passport, the petitioner's travel may not be possible. The Deputy Solicitor General of India pointed out that the petitioner can apply for an Emergency Certificate from the High Commission of India, Singapore and with that, the petitioner can travel to India. Taking into consideration the afore facts, the writ petition is disposed of directing the petitioner to obtain Emergency Certificate from the High Commission, Singapore and obtain an order from the jurisdictional criminal court where crime registered against the petitioner is pending. If the petitioner then surrenders the existing Passport and makes an W.P.(C) No.66 of 2024 :5: application for a fresh Passport along with the order of the criminal court, the 3rd respondent-Regional Passport Officer shall consider the application and take a decision thereon expeditiously, taking note of the fact that the petitioner is employed in Singapore and is coming to India solely for the purpose of renewal of Passport. JUDGE Sd/- N. NAGARESH W.P.(C) No.66 of 2024 :6: APPENDIX OF WP(C) 66/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 THE TRUE PHOTOCOPY OF THE LETTER DATED 04.09.2023 ISSUED BY THE 2ND RESPONDENT THE TRUE PHOTOCOPY OF THE REPLY NOTICE AND THE FOLLOW UP NOTICE FILED BY THE PETITIONER DATED 10.09.2023 ALONG WITH ITS TRAILING MAIL DATED 29.10.2023 Exhibit P3 THE TRUE PHOTOCOPY OF THE LETTER DATED 14.11.2023 ISSUED BY THE 2ND RESPONDENT