High Court of KeralaWP(C)/26483/2015disposed of

Muhammed Azif v. Union Of India

2015-09-02Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 WP(C).No.26483 of 2015 (I) ---------------------------- PETITIONER:

---------- MUHAMMED AZIF, AGED 30 YEARS, S/O.ABDULLA, KALLANTHARAVEEDU, ATHANI, MADAVANA P.O, KODUNGALLUR, THRISSUR 680 666.

BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER RESPONDENTS:

-----------

1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI 110 001.

2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOCHI 682 036.

BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26483 of 2015 (I) APPENDIX PETITIONER'S EXHIBITS :

--------------------- EXHIBIT P1: TRUE COPY OF PASSPORT NO.L1539564 OF PETITIONER. EXHIBIT P2: TRUE COPY OF FIR DATED 16.7.13 IN CRIME NO.2017/2013 OF KODUNGALLUR POLICE STATION.

EXHIBIT P3. TRUE COPY OF ORDER OF THIS HON'BLE COURT DATED 12.8.2015 IN CRL.M.C.NO.5318/2015.

EXHIBIT P4: TRUE COPY OF SURRENDER CERTIFICATE ISSUED BY 2ND RESPONDENT. EXHIBIT P5: TRUE COPY OF NOTICE DATED 27.8.2013 ISSUED BY THE 2ND RESPONDENT ALONG WITH ITS ENVELOP.

EXHIBIT P6: TRUE COPY OF REPLY DATED 31.8.2015 GIVEN BY PETITIONER. RESPONDENTS' EXHIBITS :NIL --------------------- /TRUE COPY/ P.A.TO JUDGE

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.26483 of 2015 ****************************************************************************** Dated this the 2nd day of September, 2015

JUDGMENT

The petitioner was an accused in a criminal case. The petitioner submits that by Ext.P3 order of this Court in Crl.M.C.No.5318/2015, the criminal case has been quashed. Therefore, there is no impediment under law to issue a Passport to him.

If there are no other cases other than one referred in Crl.M.C.No.5318/2015, the Passport Authority shall consider the application in accordance with law. The petitioner shall also produce a copy of the order in Crl.M.C No.5318/2015 before the Passport Authority for compliance. Needful shall be done within three days as the petitioner's visa is due to expire on 10.9.2015. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln