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Judgment
P.R. Ramachandra Menon, J.—The petitioner was issued passport bearing No. P. 133009 issued by the second respondent/Regional Passport Officer, which was valid for ten years from 24.06.1993 to 09.10.2003. Subsequently, the same was renewed, issuing a new passport bearing No. E. 6778054 (valid from 10.10.2003 to 09.10.2013). The case of the petitioner is that in view of expiry of the passport, the petitioner submitted an application for renewal and the same was renewed, issuing Ext. P2 passport bearing No. L1383484, valid for the period from 18.04.2013 to 14.04.2023. While so, the petitioner was served with Ext. P3 notice dated 12.07.2013, referring to the adverse police verification report as to the pendency of the criminal case (CC. No. 753 of the JFCM Court, Kodungallur) and seeking for explanation. On receipt of Ext. P3, the petitioner submitted Ext. P4 explanation dated 31.07.2013, pointing out that, non-mentioning of the criminal case in the renewal application was not willful but an inadvertent omission; more so since it was mainly in relation to a financial transaction between the petitioner and the 4th respondent. It is also stated in Ground ''C'' of the writ petition that the amount due to the 4th respondent Bank has already been satisfied and that the remaining issue is only with regard to completion of the procedural formalities to have the same finalised. Despite completion of service of notice, there is no appearance for the 4th respondent. From Ext. P7 letter dated 25.01.2013 issued by the Bank/4th respondent to the petitioner, it is seen that the loan account has already been closed on 21.02.2011 as per the terms approved by the Bank.
The learned Central Government Counsel submits that by virtue of the relevant provisions of law, the petitioner has to surrender the passport for taking further steps; more so when pendency of the criminal case stands admitted from the part of the petitioner. It is also stated that the petitioner is at liberty to approach the concerned Magistrate''s Court and to get necessary clearance to have the passport or to get necessary certificate as to the closure of the trial by pursuing appropriate steps. In the above circumstance, the petitioner is set at liberty to surrender the passport before the second respondent/Passport Officer forthwith. It is for the petitioner to approach the concerned Magistrate''s Court where the criminal case, C.C. No. 753 of 2011 is pending and to get necessary clearance. On production of the clearance, appropriate steps shall be taken by the second respondent, taking note of the law declared by this Court in Asok Kumar vs. State of Kerala (2009 (2) KLT 712) and orders shall be passed to have the grievance of the petitioner redressed, at the earliest, at any rate within ''two weeks'' thereafter.
The writ petition is disposed of.
