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Pendency of criminal case concealed in passport application – Applicant liable to pay compounding fee and give reasons for such suppression

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940

WP(C).No. 4938 of 2019

PETITIONER/S:

MUHAMMAD ALFAS, AGED 23 YEARS
S/O HAMSA, KUNHALAINTE PURAKKAL,
CHEERANKADAPPURAM, PUTHIYAKADAPPURAM,TANUR, MALAPPURAM.

BY ADV. SRI.I.DINESH MENON

RESPONDENT/S:

1 SUB INSPECTOR OF POLICE,
TANUR POLICE STATION, MALAPPURAM-676302.

2 THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, MALAPPURAM-676505.

BY ADVS.
KUM.S.KRISHNA
SMT.AMMINIKUTTY-SR.GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 4938/19

JUDGMENT
The petitioner alleges that the 2nd respondent-Passport Authority is refusing to issue a passport to him, in spite of his valid application, for no tenable reasons. He, therefore, prays that the 2nd respondent be directed to issue him the passport, however, conceding that there is a criminal case pending against him; but asserting that he has already obtained clearance from the competent Criminal Court to travel abroad.

2. Smt. S. Krishna, the learned Central Government Counsel appearing for the 2nd respondent, submits that the petitioner was, in fact, issued with a notice, a copy of which has been placed on record as Ext.R2(A), asking him to clarify in person as to why he had suppressed the pendency of the criminal case while applying for passport. She says that the petitioner is also liable to pay the fee under Section 12 of WPC 4938/19 the Act for having done so and that if the petitioner is willing to pay the compounding fee, as also to appear before the Passport Authority, his application will be considered in terms of law; particularly because he now says that he has obtained clearance from the competent Criminal Court to travel abroad.

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3. Sri. I. Dinesh Menon, the learned counsel for the petitioner, submits that his client is willing to pay the compounding fee and to appear before the competent Authority and answer Ext.R2(A) appropriately, but prays that the process of consideration of this application be directed to be completed within a period of one month.

In the afore circumstances, taking note of the afore submissions, I allow the petitioner to appear before the 2nd respondent in terms of Ext.R2(A) notice and to pay the compounding fee; and to further clarify in writing, as to why he WPC 4938/19 had not brought the information regarding the pendency of the criminal case to their notice. The petitioner certainly will also be entitled to place the order of the Criminal Court before the said Authority, who will, thereafter, consider the application of the petitioner and take an appropriate decision with respect to the issuance of his passport, within a period of one month from the date of receipt of a copy of this judgment.

To facilitate an expeditious compliance of the directions of this judgment, I direct the petitioner to appear before the 2nd respondent at 11 a.m. on 06.03.2019; on which day, the 2 nd respondent will either hear him or fix another convenient day for hearing and then take a decision in terms of this judgment.

SD/-

DEVAN RAMACHANDRAN
RR JUDGE
WPC 4938/19

APPENDIX
PETITIONER’S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 8.6.20189 IN CMP.4339/2018 IN CC.1267/2015 RESPONDENTS’ EXHIBITS:

ANNEXURE R2(A) A TRUE COPY OF THE SHOW CAUSE ISSUED TO THE PETITIONER DATED 17.04.2018.

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