9911796707
TMI Blog2014 (6) TMI 1064X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst them. The Superintendent of Police, Tirnelveli, has filed counter affidavits stating that First Information Reports have been filed against the petitioners for the alleged offences, stated supra, since they are involved in the agitation against the Koodankulam Nuclear Project. So far as the petitioner in W.P. (MD).No.8349 of 2014 is concerned, the criminal case has been registered under Sections 147, 148, 294(b), 353 307 IPC. Since the FIRs are pending against the petitioners, the 3rd respondent has not considered the applications of the petitioners, by placing reliance on Section 6(2)(f) of the Passports Act, 1967. It is clear that unless the Judicial Magistrate takes cognizance of the offence, on filing of charge-sheet on comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on different dates. While they were eagerly awaiting for issuance of passport, vide his proceedings (different dates) the 3rd respondent has informed the petitioners that he has received an adverse police verification report corresponding to their application for passport and directed the petitioners to give suitable explanation within 30 days regarding the circumstances under which, they had suppressed the material information in the passport application regarding the pendency of criminal cases. Thereafter only, the petitioners came to know that their names have been falsely implicated by the Police in the First Information Report, for having participated in the agitation against the Koodankulam Nuclear Project. It is the case of the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... os.8343 to 8348 8350 of 2014, criminal cases have been registered in Cr.Nos.338/2011, 397/2011, 375/2011, 377/2011, 393/2011, 375/2011 384/2011 respectively, for the offences under Section 143 188 r/w 34 IPC. So far as the petitioners in W.P.(MD).No.8349 of 2014 is concerned, criminal case has been registered in Cr.No.397 of 2011 for the offences under Sections 147, 148, 294(b), 353 307 IPC. On receipt of the adverse police verification report, show cause notices were sent to the petitioners asking them to give explanation as to why they suppressed the particulars regarding the pendency of criminal cases and also to give explanation regarding the status of the criminal cases. The petitioners have given explanation stating that they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioners for issuance of passport. Unless, the judicial authority takes congnizance of the offence alleged to have been committed by the petitioners, it cannot be said that the criminal case is pending before the Court. In this regard, the learned counsel for the petitioners relied upon the judgments reported in CDJ 2010 Cal HC 344 [Kamal Kumar Narottam Dash Parekh Vs. Superintendent (Administration), Regional Passport Office, Ministry of External Affairs other], 1994 Cri.L.J.257 [Mathumari China Venkatareddy and others Vs. State of Andhra Pradesh] and AIR 2008 JAMMU AND KASHMIR 35 [Anwar-ul-Haq Vs. Union of India and others]. 7. Heard the submissions made on either side and perused the materials available on record. 8. From the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct of the offences alleged to have been committed by the applicant before the Criminal Court. Only after the Court takes cognizance of the offence alleged to have been committed by the applicant, as stipulated under Section 190 of Cr.PC., it can be construed as proceedings pending before the Court . 9.In this regard, a reference could be placed in the judgment relied upon by the learned counsel for the petitioner reported in CDJ 2010 Cal HC 344 [(Kamal Kumar Narottam Dash Parekh Vs. Superintendent (Administration), Regional Passport Office, Ministry of External Affairs other]. In that case, a criminal case was registered against the petitioner therein under Sections 20(B), 420, 409, 467, 468, 471, 477A of IPC and he was arrested an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heet. Chapter XVI relates to commencement of proceedings before Magistrates, process to be issued when Magistrate takes cognizance of the offence Therefore, it is clear that unless the Judicial Magistrate takes cognizance of the offence, on filing of charge-sheet on completion of investigation against the applicant, it cannot be said that the proceedings are pending before the Criminal Court. Therefore, in my considered opinion, the 3rd respondent cannot mechanically refuse to issue passport to the petitioners, merely for the reasons that the FIRs are pending against the petitioners. On receipt of the application for passport, the 3rd respondent shall consider the same and pass appropriate orders. 11. For the foregoing reasons, the w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
