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2026 Supreme(Online)(Ker) 58541
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Shamsheer Punathi Kandy – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 6824 OF 2026
For the Appellants/Petitioners: Muhammad Sabik, Hamdan Mansoor K.
For the Respondents: Devadas H. Mallan, Suvin R. Menon
A Committal Court is legally empowered to consider and dispose of applications, such as requests for a passport no-objection certificate, during the pendency of committal proceedings.
Headnote:(A) Criminal Procedure - Committal Proceedings - Application for Passport NOC - There is no legal impediment or embargo for the Committal Court to consider and dispose of an application for a no-objection certificate for the issuance of a passport during the pendency of committal proceedings. (Para 1, 4)
Issues: Whether the Committal Court has the jurisdiction to consider an application for a passport NOC while the case is at the committal stage.
CNR : KLHC010604312026
CRIME NO.1048/2025 OF Nadapuram Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CMP 3/2026 IN CP NO.60 OF 2026 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,NADAPURAM
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.09.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.S.DIAS,J.
Crl. M.C.No. 6824 of 2026
Dated this the 7th day of September, 2026
O R D E R
The petitioner is the accused in C.P.No.60 of 2016 on the file of the Court of the Judicial Magistrate of First Class, Nadapuram ('Committal Court', in short), which has arisen from Crime 1048 of 2025 registered by the Nadapuram Police Station, Kozhikode. It is the petitioner's case that the investigation in the above case is complete and the final report has been filed. The case is at the committal stage. As the petitioner has to travel abroad, he filed Annexure-4 application seeking a no objection certificate for issuance of a passport in his favour. However, the Committal Court is not considering the application for the reason that the case is at the committal stage. In view of the law laid down by this Court in Gokul Sudarsanan v. State of Kerala [2025 (6) KLT 436], there is no legal impediment for the Committal Court in considering Annexure-4 application. Hence, this petition.
2. I have heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned Senior Panel Counsel appearing for respondents 2 and 3.
3. The petitioner's limited prayer is only to direct the Committal Court to consider and dispose of Annexure-4 application.
4. In Gokul Sudarsanan's case (supra), this Court has emphatically held that there is no legal embargo in the Committal Court considering an application during the pendency of the committal proceedings.
In light of the above exposition of law, I direct the Committal Court to consider and dispose Annexure-4 application, in accordance with law and as expeditiously as possible, at any rate, within one month from the date of production of a copy of this order, provided the case has not already been committed to the Trial Court.
