An accused's non-compliance and disregard for legal process justify the denial of a No Objection Certificate for passport renewal.

ORDER

Dated this the 17 th day of February, 2025 The petitioner herein is the accused in CC No.466 of 2004, pending before the Additional Chief Judicial Magistrate’s Court, Thalassery. The offences alleged are under Section 498A , read with Section 34 of the Indian Penal Code . The petitioner is aggrieved by Annexure-A3 order, which refused his application for issuance of ‘No Objection’, for the purpose of renewal of passport.

2. Heard the learned counsel for the petitioner, the learned Deputy Solicitor General of India on behalf of the 3rd respondent and the learned Public Prosecutor on behalf of respondents 1 and 2.

3. Learned counsel for petitioner submits that the petitioner’s passport expired on 26.10.2024, before which he preferred application before the trial court, seeking issuance of the ‘No Objection’ Certificate. However, the same was dismissed on untenable grounds, as per Annexure-A3 order dated 16.10.2024. Learned counsel would submit that, unless the ‘No Objection Certificate’ is issued, petitioner’s passport cannot be renewed, which is absolutely necessary for maintaining his work permit. Learned counsel would also submit that his family is also residing along with him in Saudi Arabia and that his children are studying there. The petitioner seeks leniency to be shown by this Court, in the matter of issuance of No Objection Certificate, so as to enable renewal of the passport.

4. Learned Deputy Solicitor General of India pointed out that the crime in question is of the year 2004, and the calendar case, of the year 2012. As early as in the year 2013, due to non-appearance of the petitioner, the case was transferred to the Long Pending Register as L.P.C. No.39 of 2013. The petitioner’s residence permit expired on 19.02.2024 and his passport, on 26.10.2024. Learned Deputy Solicitor General of India would point out that the passport was once renewed in the year 2014, for a period of ten years, so that the petitioner was fully aware of the fact that his passport will expire in the year 2024. Nevertheless, he did not care to appear before the trial court, or to seek exemption. In the circumstances, no infirmity can be attached to Annexure-A3 order, is the submission made to this Court.

5. The same submission was endorsed by the learned Public Prosecutor.

6. Having heard the learned counsel appearing for the respective parties, this Court finds no ground to interfere with Annexure-A3 order. As pointed out by the learned Deputy Solicitor General of India, the crime in question is of the year 2004. The C.C. is of the year 2012. As early as on 2013, the above C.C. owing to petitioner’s absence, was transferred to the Long Pending Register as L.P.C. NO.39 of 2013. This Court fails to understand as to how the petitioner’s passport was renewed in the year 2014, when he was an accused in a crime, which is pending trial before the Judicial First Class Magistrate Court, Kuthuparamba. Be that as it may, the petitioner got his passport renewed in year 2014 for a period of ten years. Still, he did not feel the necessity to appear before the trial court and to participate in the trial. Nor did he choose to seek exemption from appearance on account of his job in Saudi Arabia. The conduct of the petitioner in showing complete disregard to the process of law as far back as from 2012 onwards, would only disentitle him from any relief, in exercise of the inherent powers of this Court under Section 482 of Cr.P.C. It is more than obvious that the petitioner had scant regard to law. He has contemptuous disregard to the process of law. Such a person cannot be extended with any benefit. This Court finds no infirmity or illegality with Annexure-A3 order.

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