In this petition filed under Section 482 Cr.P.C, the petitioner challenges Annexure A4 order dated

17.01.08 in C.M.P.No.4763 of 2007 on the file of J.F.C.M-II, Perinthalmanna, rejecting his application for a declaratory order directing the Regional Passport Officer, Malappuram to correct the date of birth of the petitioner in his passport.

2. Thefacts leading to the filing of the Crl.M.C can be summarized as follows:

The petitioner, Aboo Chettiyanthodi, is the holder of Indian Passport bearing No.Z 1554361 issued from the Consulate General of India, Dubai U.A.E on 6.2002. The date of birth of the petitioner as shown in his passport is 1970 without mentioning the month or the date. When the petitioner approached the Regional Passport Officer, Malappuram for processing his visa, he was directed to obtain a declaratory order from the court for correcting his date of birth in the passport.

According to the petitioner, as per his School records, namely the certificate issued by the Headmistress, Government High School, Pattikad (Annexure A3 herein), his date of birth is 20.5.1976. He first applied for the passport in the year 1992 and it was in the passport so obtained that his date of birth was shown as 1970. The learned Magistrate rejected his application on the ground that when he twice renewed his passport he had no case that his date of birth was wrongly entered and that if his date of birth was 20.5.1976, then he would have been a minor when he applied for a passport in the year 1992 and went abroad and if so it must be presumed that it was by concealing his minority that he had furnished his date of birth as 1970. The Magistrate, therefore, refused to grant the declaratory order, as prayed for by the petitioner. It is the said order which is assailed in this petition.

3. At the time of hearing this petition for admission, this Court wanted to know the source of power by which Judicial Magistrates were granting declaratory orders for correcting the date of birth and place of birth in passports.

4. I heard the learned counsel for the petitioner as also the learned Standing Counsel for the Central Government on the above question. Smt. Renu Karunakaran, the learned Standing Counsel made available to me the circulars issued in this behalf by the Ministry of External Affairs, Government of India.

5. The practice of the Passport Authorities insisting on the applicant to produce declaratory orders from the Judicial First Class Magistrates for the purpose of change of date or place of birth in passports was on the basis of the earlier Passport Information Booklet issued by the Ministry of External Affairs, Government of India, wherein there was a NOTE given in Clause IV of the Information Booklet.

The said NOTE reads as follows:

"NOTE: Date of birth/place of birth once included in the passport will not be changed. For change, will have to make a fresh application enclosing relevant evidence for obtaining fresh passport with correct date and place of birth along with a court order by a Judicial Magistrate directing the passport office to change the date or place of birth"

6. Inthe year 2001, the Ministry of External Affairs issued a circular (No.VI/401/2/5/2001)dated

18.4.01 to the following effect:-

"As per the current practice, in case of change of date of birth/place of birth, the applicant is required to produce the original declaratory order from a First Class Judicial Magistrate. However, in view of the recent judgment given by the High Court of Judicature at Mumbai in CWP No.1072 of 2000 filed by Shri. Jigar Harish Shah, the following clarifications are issued:

a) Where an applicant is seeking clarification/correction of a mistake in the entry on the date of birth/place of birth in the passport, PIA may after verifying/satisfying himself, affect the correction treating the same as a technical correction. There is no need for a declaratory order in such cases.

b) Where a competent authority issuing a birth certificat