IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 5^TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945 WP(C) NO.28194 OF 2023 PETITIONER:

JUBY THOMAS, AGED 39 YEARS S/O.THOMAS, VETTIKATTIL (H), CHELAKKATTUKARA, JUBILEE MISSION P.O, THRISSUR, PIN – 680005 BY ADV.N.K.MOHANLAL RESPONDENT:

REGIONAL PASSPORT OFFICER PASSPORT OFFICE, KOCHI, PIN – 682035 BY SRI.S.MANU, DSGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Petitioner is the holder of an Indian Passport bearing No.X9056025 issued on 26.04.2023. By Ext.P6, it is informed that the respondent has decided to impound the Passport of the petitioner, since he has obtained the same by suppression/

wrong information.

2. The learned counsel for the petitioner submits that the petitioner is an accused in C.C.No.1238 of 2023 of the Judicial First Class Magistrate Court, Kothamangalam [for brevity, ‘J.F.C.M.’, Kothamangalam] and he lost sight of the case when he applied for Passport in April, 2023 and the non-disclosure of the said fact is not willful. The learned counsel further submits that the petitioner has to return to Gulf countries at the earliest in connection with his business. Accordingly, the petitioner has filed this writ petition to quash Ext.P6 and for a direction to consider Ext.P3 reply submitted by him.

3. Heard the learned counsel on both sides.

4. The learned Deputy Solicitor General of India, on instructions, submits that Ext.P6 notice for impounding of Passport was issued since there is suppression of the pendency of a criminal case against the petitioner and that it is for the jurisdictional Criminal Court to grant him No Objection Certificate to travel abroad.

5. Since it is submitted that C.C.No.1238 of

2023, in which the petitioner is an accused, is pending before the J.F.C.M, Kothamangalam, it is for the petitioner to approach the said Court and obtain necessary permission to travel abroad. In case the petitioner approaches the jurisdictional Magistrate’s Court, the said Court shall consider the application of the petitioner seeking permission to travel abroad in the light of the judgment of this Court in Thadevoose Sebastian v. Regional Passport Office & Another [2021 (5) KLT

531] expeditiously.

With the above observation, this writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE sp/05/09/2023 APPENDIX PETITIONER'S EXHIBITS:-

EXHIBIT P1 COPY OF RELEVANT PAGES 1 AND 2 OF PASSPORT OF PETITIONER EXHIBIT P2 COPY OF NOTICE DATED 17/07/23 ISSUED BY RESPONDENT TO PETITIONER EXHIBIT P3 COPY OF REPLY DATED 03/08/23 ISSUED BY PETITIONER EXHIBIT P4 COPY OF POSTAL RECEIPT DATED 4/8/2023 EXHIBIT P5 COPY OF NOTICE ISSUED BY RESPONDENT DATED 16/08/23 EXHIBIT P6 COPY OF ORDER IMPOUNDING PASSPORT DATED

16/08/23 EXHIBIT P7 COPY OF CHARGE SHEET IN CC 1238/2023 OF JFCM COURT, KOTHAMANGALAM EXHIBIT P8 COPY OF THE REMAINDER LETTER DATED

19/08/23 ISSUED BY HIS FACILITATOR OF CONTRACT OF STEEL COMPANY BAGHLAF FROM GULF COUNTRY FOR ARRANGING LETTER OF CREDIT