IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941
Crl.MC.No.539 OF 2020(F)
AGAINST THE ORDER DATED 19.12.2019 IN CMP.NO.3303/2019 IN
CC 241/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
PARAVUR
CRIME NO.141/2002 OF Paravoor Police Station, Kollam
PETITIONER :
BINU,
AGED 42 YEARS,
S/O BRAHMADATHAN,CHARUVILA VEEDU,
KOONAYIL, PARAVOOR.P.O,
KOLLAM DISTRICT – 691 301.
BY ADVS.
SRI.R.RAJESH (VARKALA)
SRI.M.KIRANLAL
SRI.MANU RAMACHANDRAN
SRI.T.S.SARATH
SMT.AKHILA B.
SHRI.SAMEER M NAIR
RESPONDENTS :
1 UNION OF INDIA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
MINISTRY OF EXTERNAL AFFAIRS,
NEW DELHI – 110 001.
2 THE PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, GOVERNMENT OF INDIA,
MINISTRY OF EXTERNAL AFFAIRS,
KAITHAMUKKU, THIRUVANANTHAPURAM – 695 024.
R1-R2 BY ADV. SRI.P.VIJAYAKUMAR
BY SR.PUBLIC PROSECUTOR SRI.AMJED ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 21.01.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.539 OF 2020
2
Crl.M.C.No.539 of 2020
ORDER
The petitioner is the first accused in C.C.No.241/2019
on the files of the Court of the Judicial Magistrate of the First
Class, S.Paravur. The case aforesaid is one instituted upon a
police report under Section 498A read with 34 of the Indian
Penal Code. The de facto complainant is the wife of the first
accused and the accusation in the case against the accused in
essence is that when they were residing together, the de facto
complainant was subjected to cruelty by the accused. It is
stated that the petitioner has secured an employment abroad
and he moved the court below, in the circumstances, for
permission to go abroad. In terms of Annexure A3 order, the
court below ordered that the court has no objection in the
authorities under the Passports Act issuing passport to the
petitioner. The grievance of the petitioner is that since the court
has not clarified as to the term during which the petitioner is
permitted to go abroad, the authorities under the Passports Act
would issue passport to the petitioner only for a period of one
year in terms of the orders presently in force. It is also stated by
the petitioner that if the petitioner is issued passport only for a
Crl.M.C.No.539 OF 2020
3
period of one year, he may not get the job which he is
expecting. It is also stated by the petitioner that in order to get
the job which the petitioner is expecting, the term of the
passport shall be at least two years. The petitioner, therefore,
seeks appropriate directions in this regard.
2. Heard the learned counsel for the petitioner, the
learned Central Government Counsel as also the learned Public
Prosecutor.
3. Having regard to the accusation against the
petitioner, I am of the view that it is a case where the court
below could have prescribed the term in the order, during which
the petitioner can be permitted to go abroad, for, the same
would not, in any way, prejudice the prosecution. In the said
view of the matter, the Crl.M.C is disposed of permitting the
petitioner to go abroad for a period of two years. The competent
authority under the Passports Act shall issue passport to the
petitioner for a period of two years, if he applies for the same
and he is otherwise entitled for the same.
Sd/-
P.B. SURESH KUMAR
JUDGE
RKM
Crl.M.C.No.539 OF 2020
4
APPENDIX
PETITIONER’S ANNEXURES :
A1 : COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT.
A2 : COPY OF THE PETITION FILED BY THE PETITIONER AS
CMP.NO.3303/2019 IN CC.NO.241/2019.
A3 : COPY OF THE ORDER DATED 19.12.2019 OF THE JUDICIAL
FIRST CLASS MAGISTRATE’S COURT, PARAVOOR, KOLLAM
DISTRICT.
A4 : COPY OF THE NOTIFICATION DATED 25.08.1993.
A5 : COPY OF THE ONLINE APPOINTMENT RECEIPT OF PASSPORT
APPLICATION PREFERRED BY THE PETITIONER.
RESPONDENTS’ ANNEXURES : NIL
TRUE COPY
PA TO JUDGE
RKM