High Court of KeralaWP(C)/6496/2015disposed of

Shamnad v. Union Of India

2015-05-26Honourable Mr.Justice K.Vinod Chandran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 WP(C).No. 6496 of 2015 (J) --------------------------- PETITIONER(S):

------------- SHAMNAD, AGED 27 YEARS, S/O.SHOUKATH, SHAFI MANZIL, MUTTAKKAVU, NEDUMPANA P.O., KOLLAM - 691 580.

BY ADVS.SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.MANU SEBASTIAN SMT.PARVATHY NAIR.

RESPONDENT(S):

--------------

1. UNION OF INDIA, REPRESENTED BY SECRETARY TO THE MINISTRY OF EXTERNAL AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI 110 003.

2. REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, SNSM BUILDING, KARALKADA JUNCTION, PETTA P.O., THIRUVANANTHAPURAM - 695 024.

3. STATION HOUSE OFFICER, CHATHANNOOR POLICE STATION, CHATHANNOOR, KOLLAM DISTRICT - 691 572.

BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL & BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 6496 of 2015 (J) APPENDIX PETITIONER(S)' EXHIBITS :

----------------------- EXT. P1:

A TRUE COPY OF ACKNOWLEDGMENT LETTER DATED 20/10/2014 ISSUED FROM THE PASSPORT SEVA KENDRA, KOLLAM. EXT. P2:

A TRUE COPY OF ORDER DATED 27/06/2012 IN C.C NO.56/10 ON THE FILE OF JFMC, PARAVOOR.

EXT. P3:

A TRUE COPY OF LETTER DATED 26/11/2014 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.

EXT. P4:

A TRUE COPY OF APPLICATION ALONG WITH AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE THE ENQUIRY OFFICER ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS :

------------------------ ANNEXURE A1: TRUE COPY OF THE POLICE VERIFICATION REPORT ISSUED FROM ASSISTANT COMMISSIONER OF POLICE, CHATHANNOOR POLICE STATION IN CRIME NO.878/09 (CC 56/10) DATED 1511/2014.

ANNEXURE A2: TRUE COPY OF THE COMMUNICATION DATED 03/02/2015 ISSUED BY THE COMMISSIONER OF POLICE, KOLLAM CITY. /TRUE COPY/ P.A.TO JUDGE RVS.

K. VINOD CHANDRAN, J.

===================== ====================== Dated this the 26th day of May, 2015

J U D G M E N T

The petitioner is aggrieved with the rejection of Ext.P4 application for issuance of Passport on the basis of a pending crime. By Ext.P3, the petitioner's application was rejected on the ground that, the petitioner is an accused in Crime No.878 of 2009 registered by the 3rd respondent. The petitioner's contention is that, the said crime was registered for reason of alleged commission of offence punishable under Sections 20 and 21 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (for brevity, Sand Act'). The offence was taken cognizance of the jurisdictional Magistrate, as per C.C No.56 of 2010 and the proceedings had been kept in abeyance for reason of there being no written complaint filed by the authorised officer as provided under Section 25 of the Sand Act.

2. The learned Assistant Solicitor General of India on instruction submits that, a reading of Ext.P2 order of the jurisdictional Magistrate itself would indicate that, the proceedings against the accused have been stopped under Section 258 of Code of Criminal Procedure, 1973 (Cr.P.C) and such stoppage will not be a bar to the authorised officer in filing a complaint in accordance with law.

3. The learned Counsel for the petitioner however would contend that, the punishment provided under Sections 20 and 21 of the Sand Act is two years and the alleged offence itself being one stated to have been committed on 18.11.2009, the proceedings would be barred by limitation as provided under Section 468 of the Code of Criminal Procedure.

4. In such circumstance, the petitioner's contention with respect to the limitation has to be accepted and the 3rd respondent is directed to verify whether any written complaint has been filed by the authorised officer under the Sand Act and

issue a certificate to the petitioner, if no such complaint has been filed within the period of limitation, within a period of four weeks from the date of production of the certified copy of this judgment. On such certificate being issued, the petitioner shall produce the same before the 2nd respondent, who shall consider the application afresh without reference to the crime registered as Crime No. 878 of 2009; in accordance with law, within a period of two months from the date of production of the certificate from the 3rd respondent.

The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.