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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Raju Kattakayam S/o Sebastian – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
A. BADHARUDEEN, J.
This Original Petition (Criminal) has been led under Article 227 of the Constitution of India, and the prayers are as follows:-
1. To call for the records reading to Ext.P2 and quash the same, and direct the 3rd respondent to renew the passport bearing No. M 474 8717 issued on 29.12.2014 from the passport office, Kozhikode, without insisting for a “no objection” from the court of the Enquiry Commissioner and Special Judge, Thalassery;
2. Dispense with the ling of the english translation of the vernacular documents, as the petitioner undertakes to produce the same as and when directed by this Hon’ble Court; and
3. Grant such other and further reliefs that this Hon’ble Court may deem t and proper in the facts and circumstances of the case.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala, in detail.
3. It is submitted by the learned counsel for the petitioner that, as per FIR in Crime No. 07/2024/SCK, a case was registered against the petitioner alleging commission of offence punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988, as amended 2018. Howe
The court ruled that without a final report or cognizance, no criminal proceedings are pending, allowing passport renewal without court permission.
The main legal point established in the judgment is that a passport can be issued or renewed in the context of a pending criminal case only on the basis of production of orders from the concerned Cou....
The passport authority cannot deny renewal based solely on pending criminal proceedings if the applicant meets all other conditions.
The mere pendency of a criminal case cannot deny the issuance or renewal of a passport, ensuring respect for constitutional rights unless a specific court order prohibits it.
The court established that the passport authority must consider the possibility of issuing a passport even when criminal proceedings are pending, provided the applicant meets specific conditions set ....
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