The court established that renewal of a passport may be denied if the applicant has a history of absconding to evade trial.

O R D E R

Dated this the 19^th day of November, 2025 This revision petition has been filed under Sections

438 and 442 of the Bharatiya Nagarik Suraksha Sanhita , 2023, challenging order dated 04.11.2025 in Crl.M.P.No.1464/2025 in C.C.No.10/2025, (re-numbered from C.C.No.67/2011) arising out of Crime No.VC 02/06/TSR of VACB, Thrissur.

2. Heard the learned counsel for the revision petitioner and the learned Special Public Prosecutor for VACB. Perused the relevant documents.

3. The crux of the matter is denial of the permission sought by the revision petitioner to renew his passport.

4. The learned counsel for the revision petitioner would submit that pendency of criminal case is not a rider to renew the passport.

5. However, the learned Public Prosecutor opposed the prayer, mainly contending that, the revision petitioner herein, who is arrayed as the 8^th accused in this crime, had absconded in the year 2011 without the permission of the court and his presence could not be secured for a period of 14 years. The learned Special Public Prosecutor produced objection at the instance of the Dy.S.P., VACB, Thrissur, in which paragraph Nos.1, 2, 4 and 5 are relevant and the same are extracted hereunder:

“1) It is submitted that, I am the Deputy Superintendent of Police, Vigilance & Anti-Corruption Bureau, Thrissur Unit, competent to file this report. It is submitted that, VC 02/06/TSR was registered U/s 13 (1)(c) (d) r/w 13 (2) of PC Act 1988 and Sec 409, 468, 120 (B), 34 IPC on 12.05.2006 against Forest officials and the petitioner Sri.I.K. Sulfikar who was the Forest Depot contractor in the alleged case. The brief of the case is that, the work in connection with the final felling of Teak trees, in the area of 1939-40 plantation, in Bit no.l of Cheppilakkode, Vazhani, Machad range, was entrusted to the petitioner under agreement No.04/2004-05 dated 01.02.2004.

The petitioner was entrusted, to despatch lorry load of teak log at Govt. Forest Depot, shown in the Subsidiary pass issued for each lorry load during 03.12.2004 to 30.06.2005, and 131 loads of teak log was despatched under 131 Subsidiary passes. The forest officials in furtherance of the criminal conspiracy with the Petitioner and his men by abusing their official position as public servants despatched 16 lorry load of teak log from Cheppilakkode Coupe, without obtaining the acknowledgement for previous load, from the concerned destination depot, and enabled the petitioner, to sell the said timber load consisting of 141.535 M3 worth Rs.33,94,842/-, to the private mill owners illegally and enjoyed pecuniary advantage, to the said amount causing loss of Rs.33,94,842/- to the Government Exchequer, and there by cheated the Government by criminally misappropriating Government property entrusted by violating Forest Laws.

2) It is submitted that during the investigation, it is revealed that loss to the tune of Rs.49,64,522/- was sustained to the Government and charge sheet was submitted against A1 to A14, before the Hon'ble Court of Enquiry Commissioner & Special Judge (Vigilance), Thrissur on 17/11/2011 as CC No-

67/2011. The Hon'ble Special Court, Thrissur, had issued a warrant of arrest (LP case No. 02/2013), against Sri. I.K.Sulfikar (Accused No-8), with a direction to arrest the said accused and to produce him before the Hon'ble Special Court, as he was continuously absent in the trial proceedings. On request, Hon'ble Special Court. Thrissur issued search warrant, authorizing to search, for the incriminating documents in the house, in which petitioner's wife was residing and search was conducted on, 04.01.2020 and some documents were seized.

3) It is submitted that, based on the documents seized, during the search, it was suspected that the petitioner, was staying