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2018 Supreme(Online)(KER) 19997

HIGH COURT OF KERALA
SUNIL THOMAS, J
vs


Advocates:
SRI.BABY MATHEW, SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL

JUDGMENT

The grievance of the petitioners herein is that, pursuant to the direction of the first respondent, though they had produced their passports before the authority, it is not being returned, on a premise that, they are involved in C.C.No.399 of 2017 pending before the Judicial First Class Magistrate Court, Alathur for offence punishable under section 498A r/w 34 of the Indian Penal Code arising from Crime No.238 of 2017 of Vadakkancherry Police Station. Learned counsel for the petitioners contended that this has prevented the petitioners from leaving the country and to earn their livelihood.

2. On instructions, learned Assistant Solicitor General of India submitted that, they suppressed the fact that, they stood involved in offence punishable under section 498A IPC and obtained a fresh passport. Consequently, they were directed to produce the passports which has been impounded. Having regard to the submission made by the learned ASG, there is no scope for any direction to the first respondent to return the passport. The only option available to the petitioners herein is to apply for a fresh W.P(C).13638/18 passport disclosing the pendency of the criminal case/cases against the

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