Mohanan @ Sasthamangalam Mohanan v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 Crl.MC.No. 5838 of 2015 ---------------------------------- JUDGMENT DATED 26-03-2013 IN CRL.A 570/210 ADDITIONAL DISTRICT COURT-I, THIRUVANANTHAPURAM CC 634/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, THIRUVANANTHAPURAM CRIME NO. 44/2003 OF THAMPANOOR POLICE STATION , THIRUVANANTHAPURAM ..........

PETITIONER(S)/ACCUSED:

--------------------------------------- MOHANAN @ SASTHAMANGALAM MOHANAN, S/O.GOPALAPANICKER, SCHOOL VIEW, SUBRAMANYAN LANE, SASTHAMANGALAM WARD, THIRUVANANTHAPURAM.

BY ADV. SRI.M.R.SARIN RESPONDENT(S)/STATE/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. THE PASSPORT OFFICER, PASSPORT OFFICE, THIRUVANANTHAPURAM-695 001.

BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 5838 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE 1 : TRUE COPY OF THE ORDER PASSED BY JFMC III OF THIRUVANANTHAPURAM IN CC 634/2003.

ANNEXURE 2 : TRUE COPY OF THE CRMP NO.351/13 IN CRA 570/10 OF THE FILE OF THE SESSION JUDGE, THIRUVANANTHAPURAM.

ANNEXURE 3 : ORDER PASSED BY THE CHIEF PASSPORT OFFICER. ANNEXURE 4 :TRUE COPY OF THE ORDER IN CRMP 351/13 IN CRA 570/10 OF THE FILE OF THE SESSION JUDGE, THIRUVANANTHAPURAM. ANNEXURE 5 : TRUE COPY OF THE INVITATION RECEIVED BY THE PETITIONER FROM IFUNA.

RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.5838 of 2015 C ````````````````````````````````````````````````````````````` Dated this the 28th day of October, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioner is challenging Annexure-A4 order passed by the learned Additional Sessions Judge-I, Thiruvananthapuram in Crl.M.P. No.351/2013.

2.

It seems that the main ground on which the court below has dismissed the Crl.M.P. is that the request forwarded by the petitioner was not in conformity with the guidelines in the decision in Asok Kumar Vs. State of Kerala [2009 (2) KLT 712].

2.

The petitioner can move the court below once again through a proper application. In case a proper application to that effect is filed by the petitioner, the court below shall consider and dispose it of on merits, in

Crl.M.C.5838/2015 : 2 :

accordance with law.

With the said observations, this Crl.M.C. is disposed of.

Sd/- (B.KEMAL PASHA, JUDGE) aks/28/10 // True Copy // PA to Judge