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2026 Supreme(Online)(Ker) 12920

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
AKHIL – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1578 OF 2026 | CRIME NO.273/2016



Advocates:
For the Appellants/Petitioners: SHRI.N.SATHEESH, SMT.PRIYA CAROL
For the Respondents: ADV. O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA

Eligibility for passport renewal under exceptional circumstances of ongoing legal proceedings is recognized.

Headnote:This judgment concerns a petitioner's application for passport renewal under Section 528 of the BNSS following a dismissal by the Magistrate. The court permitted renewal based on the exemption from personal appearance and prior approval for overseas employment. The court determined eligibility for the passport renewal. The court allowed the Crl.M.C and set aside the lower court order.

Table of Content
1. eligibility for passport renewal in legal proceedings. (Para 1 , 2)
2. arguments regarding passport renewal approval. (Para 3)
3. court's observation on renewal justification. (Para 4)
4. court's final ruling on the passport renewal. (Para 5)

O R D E R Dated this the 23rd day of February, 2026 The 1st accused in CC. No.1257/2016 on the file of the Judicial First Class Magistrate Court, Pattambi, arising out of Crime No.273/2016 of Thrithala Police Station, filed this Crl.M.C under Section 528 of the BNSS , being aggrieved by Annexure A5 order passed by the learned Magistrate dismissing his prayer for renewal of his passport. The petitioner is facing trial for the offences punishable under Section 143, 147, 148, 341, 323, 324, 326 and 447 r/w 149 of IPC.

2. According to the learned counsel for the petitioner, he is working abroad and he left India with the permission granted by the jurisdictional Magistrate, as per Annexure A3 order. As per Annexure A3, his personal appearance before the learned Magistrate was exempted and he undertook to appear before the court as and when called for. Further, the learned Magistrate permitted him to go abroad for a period of one year. Now the one year period is about to expire on 26.02.2026. Though he filed Annexure A4 application seeking permission to renew his passport, for a further period, the same was dismissed as per Annexure A5 order. Therefore, the learned counsel for the petitioner sought for permission to renew his passport by another one year from

26.2.2026.

3. The learned Deputy Solicitor General of India submitted that in case the court directs, they will renew the passport. No serious objection was raised by the learned Public Prosecutor also.

4. Considering the fact that the petitioner was exempted from personal appearance before the learned Magistrate and he was already permitted to go abroad for attending his employment abroad, it is only just and proper to permit him to renew his passport for a further period of one year.

5. In the above circumstances, this Crl.M.C. is allowed. Annexure A5 order passed by the learned Magistrate is set aside. The petitioner is permitted to renew his passport for a further period of one year.

The respondents 3 and 4 are directed to renew the passport of the petitioner for a further period of one year from 26.2.2026, if he is otherwise eligible.

Sd/-

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