JUDGMENT

The grievance of the petitioner in the present petition is that vide Ext.P2 dated 21.04.2022 had submitted an application to respondent No.2 – Regional Passport Officer, Panampilly Nagar, Kochi, Ernakulam, for correction of the date of birth as well as adding the name of spouse but the said application is pending consideration primarily on the ground that a crime case bearing No.1063/2021 registered with the police station, Chavakkad under Section 294(b), 323, 506(1) and r/w 34 of Indian Penal Code is pending. Though the petitioner had availed the remedy of appeal vide Crl.M.C.No.884/2022 , by an interim order his presence has been exempted.

2. Issue notice before admission. Adv.Krishna for ASGI accepts notice for respondents 1 and 2. Sri.Justin Jacob accepts notice on behalf of respondent No.3.

3. Adv.Krishna submits that owing to the pendency of the crime case petitioner was in remiss in not disclosing the registration of crime No.1063/2021. It is only on processing of application it was found that the said case is pending. It is on that account the application is pending and further submits that even the concerned court has also taken the cognizance in view of the submission of the final report as evident from Ext.P6. They would not be averse in taking a call on the application praying for only adding of name of the spouse and correction of the date of birth in terms of the notification dated 22.09.2016 in accordance with law ie., by incorporating the provisions prescribed under Section 10 of the Passport Act and in case the petitioner intends to go abroad, would be a liberty to seek permission from the competent court.

In view of the stand taken by the respondents, I dispose of the writ petition by issuing direction to respondent No.2 to take a call as per the submissions made in this court for entertaining the application for correction of the date of birth and adding the name of the spouse in the application in accordance with law. Let this exercise be done within a period of one month.

Sd/-

AMIT RAWAL JUDGE

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APPENDIX OF WP(C) 14755/2022 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE PASSPORT NO. M 9149782 OF THE PETITIONER Exhibit-P2 THE TRUE COPY OF APPLICATION DATED

21.04.2022 BEFORE THE 2ND RESPONDENT FOR CHANGE IN EXISTING PARTICULARS SUCH AS ADDING SPOUSE NAME AND CORRECTION IN DATE OF BIRTH Exhibit-P3 THE TRUE COPY OF THE MESSAGE RECEIVED BY PETITIONER FROM THE 2ND RESPONDENT Exhibit-P4 A TRUE COPY OF THE SCHOOL CERTIFICATE OF THE PETITIONER Exhibit-P5 A TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER Exhibit-P6 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1063/ 20021 OF 3RD RESPONDENT CHAVAKKAD POLICE STATION NOW PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD AS C.C.NO.

79/2022 Exhibit-P7 THE TRUE COPY OF THE RELEVANT PAGE OF PETITIONER'S PASSPORT SHOWING THAT HE WAS NOT PRESENT IN INDIA ON THE ALLEGED DATE OF INCIDENT Exhibit-P8 THE TRUE COPY OF THE INTERIM ORDER EXEMPTING PERSONNEL APPEARANCE OF ACCUSED IN CRL.M.C. NO. 884/2022 Exhibit-P9 THE TRUE COPY OF THE APPOINTMENT LETTER TO JOIN AS DRIVER IN OVERSEAS