V.PARTHIBAN
Sarath @ Sivasarath – Appellant
Versus
Regional Passport Officer – Respondent
V. PARTHIBAN, J.
1. The case of the petitioner is as follows:
(i) The petitioner has completed Diploma in Mechanical Engineering and he was aspiring to secure employment abroad. While he was hoping to secure employment abroad, he was falsely implicated in a criminal case on the file of the second respondent - Police, for which an F.I.R. was registered, on 26.08.2013, alleging that he had committed an offence punishable under Sections 147, 148, 341, 294(b), 353 and 506(ii) I.P.C. Although F.I.R. was registered as early as in the year 2013, the admitted position is that till date, no charge sheet has been filed.
(ii) In order to fulfill his ambition of going abroad, the petitioner had applied for Passport on 11.03.2015. However, his application for issuance of Passport was not considered by the Passport Authority in view of the pendency of F.I.R. against the petitioner. Since the Passport Authority has refused to consider his application, the petitioner had approached the learned Judicial Magistrate, Valliyoor, seeking permission to go abroad and sought direction to the Passport officials to issue Passport to him. In response to the application submitted by the petitioner, the
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