Ramkumar, J.

This Cr.M.C. has come up before us consequent on a reference by a learned Judge of this court (Justice R. Basant) in view of the apparent conflict between Jismol Joseph V. Union of India (2003 (3) KLT 265 and Aboo V. Regional Passport Officer (2008 (1) KLT 992). In the first of the above rulings, a learned Judge of this court observed as follows:-

“There are series of decisions of this court holding that the Judicial Magistrate can decide the question if moved in that behalf, for the purpose of altering the date of birth or place of birth in the passport. This court had to issue those directions only because of the doubt expressed by the Judicial Magistrates of some courts regarding their jurisdiction to do so. In the light of those decisions there cannot be any doubt that the Judicial Magistrate has the jurisdiction.”

2. Subsequently, one of us sitting single considered Jismol Joseph V. Union of India (2003 (3) KLT 265) in Aboo V. Regional Passport Officer (2008 (1) KLT 992) and held that in Jismol’s case no specific source of power was traced to confer jurisdiction in the Judicial Magistrate of First Class to pass declaratory orders. Referring to the sub