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HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
ROSHAN P.G – Appellant
Versus
THE STATE OF KERALA, – Respondent
Crl.MC 2509 2023
Passport - Renewal - Criminal Proceedings - N/A - The court determined that the pendency of an investigation does not restrict a person's ability to renew a passport, clarifying that renewal is permitted if eligibility criteria are met.
Fact of the Case:
The petitioner, accused in a criminal case, sought to renew his passport for four years, which was initially rejected by a Magistrate under the assumption it revisited an earlier decision for two years.
Finding of the Court:
The court found that since the case was still under investigation and had not progressed to a criminal trial, there were no restrictions preventing the petitioner from renewing his passport.
Issues: Whether the pending investigation of a criminal case affects the petitioner’s eligibility to renew his passport.
Ratio Decidendi: The court ruled that an investigation stage does not constitute a pending criminal case and cannot restrict the renewal of a passport.
Final Decision: The petitioner is entitled to renew his passport for five years.
ORDER
Petitioner is the first accused in Crime No.94/2008 of North Paravur Police Station. He seeks to renew his passport for a minimum period of four years. The application filed by him to the learned Magistrate was rejected stating that the grant of permission for renewal for four years would amount to review of an earlier order granting renewal for two years.
2. The learned Public Prosecutor, submitted that even though the final report was filed in 2019, the same was returned to the Investigating Officer itself due to defects and thereafter, the report has not been refiled and hence the case still remains at the crime stage. This Court had held that, when a person is under investigation and the case remains at the crime stage, it cannot be treated as a criminal case pending against that person, requiring any permission from the court to renew the passport.
3. In view of the above, there is no prohibition or restriction in the petitioner obtaining a passport since Crime No.94/2008 of North Paravur Police Station still remains in the investigation stage.
Notwithstanding the above, it is clarified that petitioner will be entitled to renew his passport for a minimum period of five years, if he is otherwise eligible and the pendency of Crime No.94/2008 of North Paravur Police Station shall not be a restriction for such renewal.
The criminal miscellaneous case is disposed of with the above observation.
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