ORDER

Petitioner is the fifth accused in Crime No.821/2022 of Kanjiramkulam Police Station, Thiruvananthapuram, alleging offences punishable under Sections 143, 147, 148, 324 and 308 r/w Section 149 of the Indian Penal Code, 1860.

2. Though the crime was registered as early as on 01.10.2022, till date, the investigation has not been completed and the final report has not been filed. In the meantime, petitioner’s passport is due to expire on 09.03.2025. Petitioner sought permission for renewal of the passport. However, by order dated 04.07.2024, the learned Magistrate refused to grant permission. This petition is preferred challenging the aforesaid order.

3. I have heard Sri. Mohammed Al Rafi S, the learned counsel for the petitioner and Smt. Sreeja.V, the learned Public Prosecutor.

4. This Court has repeatedly observed that a criminal case cannot be said to be pending during the stage of investigation. Therefore, permission of a criminal court is not necessary to renew the passport during the stage of investigation.

5. Notwithstanding the above, this Court notices that the crime is of the year 2022, and even now it is only at the stage of investigation.

In such circumstances, the right of the petitioner to travel abroad or to have his passport renewed ought not be interdicted or restrained solely due to the pendency of such an investigation.

6. In such circumstances, the refusal of the learned Magistrate to grant permission to renew the passport is irregular and is liable to be interfered with.

7. Hence, the order dated 04.07.2024 in C.M.P.No.4988/2024 on the files of the Judicial First Class Magistrate Court-III, Neyyattinkara, relating to crime No.821/2022 of Kanjiramkulam Police Station, is hereby set aside. Petitioner is permitted to renew his passport for a period of five years.

The criminal miscellaneous case is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE jka/05.09.24.

APPENDIX OF CRL.MC 6500/2024 PETITIONER’S ANNEXURES Annexure A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 821/2022 OF KANJIRAKULAM POLICE STATION.

Annexure B TRUE COPY OF THE PASSPORT NO. M6976275 ISSUED TO THE PETITIONER.

Annexure C TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER AS CMP NO.4988/2024 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE-III, NEYYATTINKARA.

Annexure D CERTIFIED COPY OF THE ORDER DATED

04/07/2024 IN CMP NO.4988/2024 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE-III, NEYYATTINKARA.