The court held that the renewal of an accused's passport for employment abroad can be permitted, subject to an undertaking to appear before the trial court when required, as a valid passport is a prerequisite for travel and legal residency.

AGAINST THE JUDGMENT DATED 08.06.2026 IN CMP NO.2 OF 2026 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PATTAMBI

OTHER PRESENT:

ASGI - SRI.P.SREEKUMAR, PP.SRI.DALBI EMMANUEL P

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.08.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

C.S.DIAS, J.

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Crl.M.C. No.5750 of 2026 -----------------------------------------------

Dated this the 21st day of August, 2026

ORDER

The petitioner is the sole accused in CC No.961/2018 on the file of the Court of the Judicial First Class Magistrate, Pattambi (‘Trial Court’) which has arisen from Crime No.49/2018 registered by the Koppam Police Station, Palakkad alleging the commission of the offences punishable under Sections 279 and 304A of the Indian Penal Code.

It is the petitioner’s case that, by Annexure A7 order dated 07.05.2025, the Trial Court had issued a ‘no objection order’ to renew the validity of the petitioner’s passport for one year. The petitioner is presently working abroad. Since the validity of the petitioner’s passport was due to expire on 14.07.2026, he filed an application before the Trial Court seeking permission to renew the validity of his passport. However, by the impugned Annexure A2 order, the Trial Court has dismissed the application on the ground that the trial was completed and the petitioner has to appear before the said Court to record his statement under Section 313 (1)(b) of the Code of Criminal Procedure. The petitioner has been scrupulously appearing before the Trial Court through his Counsel. If the validity of the petitioner’s passport is not renewed, the petitioner’s visa will not be renewed and the petitioner may lose his employment. Moreover ,the petitioner’s son lost his life battling cancer as evidenced by Annexure A3 death certificate. As the petitioner’s presence is not required before the Trial Court, there is no legal impediment in renewing the validity of the passport. Hence, the Crl.M.C.

I have heard the learned Counsel for the petitioner, the learned Public Prosecutor and the learned Senior Panel Counsel for the 3rd respondent.

When the Crl.M.C. came up for consideration on 04.08.2026, this Court has called for a report from the Trial Court to ascertain the present status and the reasonable time period required to dispose the said case. By communication dated 10.08.2026, the Trial Court has reported that it would require two more months to dispose the above case.

Admittedly, by Annexure A7 order, the Trial Court had granted permission to renew the validity of the petitioner's passport for a period of one year from 07.05.2025. Accordingly, the petitioner had renewed the validity of the passport, which has expired on 14.07.2026. Even if the petitioner has to come down to India for the purpose of appearing before the Trial Court, he should have a valid passport. Considering the fact that the petitioner has been all through out appearing before the Trial Court through his Counsel, I do not find any legal impediment in directing the jurisdictional Indian Mission abroad to renew the validity of the petitioner's passport, subject to condition that the petitioner would appear before the Trial Court on the day the Trial Court orders his appearance.

Thus, I am satisfied that this is a fit case to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

In the aforesaid circumstances, I allow the Crl.M.C. in the following manner:

(i) Annexure A2 order is set aside and CMP No.2/2026 filed before the Trial Court is allowed.

(ii) The jurisdictional Indian Mission Abroad is directed to renew the validity of the petitioner’s passport by a further period of one year, subject to condition that the petitioner files an undertaking through his Counsel that the petitioner would unconditionally appear before the Trial Court on the day the Trial Court insists for his presence.

(iii) On receipt of the re-issued passport, the