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2026 Supreme(Online)(Ker) 61448
IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. Girish, J
K. K. Ashraf – Appellant
Versus
Union of India – Respondent
OP(CRL.) NO. 647 OF 2026|RC NO.42 OF 2025 OF CHIEF JUDICIAL MAGISTRATE, ERNAKULAM
For the Appellants/Petitioners: V.V. Joy, John Philip M., Sruthi Rajit, Shalwin P. S.
For the Respondents: C. Dinesh, Rajee P. Matthews
A relative may be permitted to approach the court to obtain a No Objection Certificate (NOC) for passport renewal on behalf of an accused person who is currently abroad, particularly when a refer report has been filed in the relevant criminal case.
Headnote:(A) Passport Renewal - Requirement of No Objection Certificate (NOC) - Production of NOC or acquittal order required by passport authorities even in cases where a refer report has been filed by the investigating agency. (Para 3)
(B) Procedural Relief - Application by relative - Petitioner permitted to approach the court for NOC on behalf of his brother who is currently abroad. (Para 4)
Issues: Whether the petitioner can be permitted to approach the court for an NOC for passport renewal on behalf of his brother who is abroad.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 18.09.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
G. GIRISH, J.
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OP(Crl.) No.647 of 2026
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Dated this the 18th day of September, 2026
JUDGMENT
Heard the learned counsel for the petitioner, learned Senior Panel Counsel representing respondents 1 and 2, and the learned Public Prosecutor representing respondents 3 to 6.
2. The grievance of the petitioner is that his brother, who is presently abroad, has approached for the renewal of the passport but the authorities concerned have required the production of a No Objection Certificate in connection with a crime earlier registered against him by the Central Police Station, Ernakulam. According to the petitioner, the Investigating Agency had already filed a refer report in the aforesaid crime stating that the complaint was false.
3. Going by the communication which the passport authorities have issued to the brother of the petitioner, which is produced as Ext.P5, he was required to produce NOC / acquittal order from the court concerned in connection with the case, in which a refer charge is said to have been submitted by the Central Police Station, Ernakulam. The above NOC / appropriate orders are to be issued by the court concerned after going through the relevant records and ascertaining whether any further proceedings are initiated on that refer charge.
4. The learned counsel for the petitioner submitted that the petitioner’s brother, who was the accused in that case, is not in a position to approach the court concerned, since he is presently abroad. It is further submitted that the petitioner may be permitted to move the court concerned for getting the NOC as required by the passport authority. The request in the above regard is perfectly justifiable. In the result, the original petition stands disposed of as follows :-
(i) The petitioner herein is permitted to approach the Chief Judicial Magistrate Court, Ernakulam, seeking NOC or appropriate orders in connection with the refer charge filed in Crime No.303/CB/EKM/2017, in which his brother has been arraigned as the 3rd accused.
(ii) The learned Chief Judicial Magistrate, Ernakulam, shall verify the records and issue the NOC or appropriate orders as regards the present status of the aforesaid case.
