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V. Ramkumar, J.—This Cr.M.C. has come up before us consequent on a reference by a learned Judge of this court (Justice R.Basant) in view of the apparent conflict between Jismol Joseph Vs. Union of India (UOI), and Aboo Chettiyanthodi Vs. The Regional Passport Officer, Malappuram, . In the first of the above rulings, a learned Judge of this court observed as follows:
There are series of decisions of this court holding that the Judicial Magistrate can decide the question if moved in that behalf, for the purpose of altering the date of birth or place of birth in the passport. This court had to issue those directions only because of the doubt expressed by the Judicial Magistrates of some courts regarding their jurisdiction to do so. In the light of those decisions there cannot be any doubt that the Judicial Magistrate has the jurisdiction.
Subsequently, one of us sitting single considered Jismol Joseph Vs. Union of India (UOI), in Aboo Chettiyanthodi Vs. The Regional Passport Officer, Malappuram, and held that in Jismol''s case no specific source of power was traced to confer jurisdiction in the Judicial Magistrate of First Class to pass declaratory orders. Referring to the subsequent circulars issued by the Ministry of External Affairs and also to the information booklet, this court held in Aboo''s case that there is no subsisting provision in those circulars or information booklet enabling an applicant to approach a Judicial Magistrate for getting declaratory orders with regard to the date of birth and that if at all any such declaratory orders could be obtained from a court of law that could only be from a competent civil court having jurisdiction. In fact, subsequent to Aboo''s case, the Ministry of External Affairs had issued Circular No.6/401/2/1/2005 dated 15-4-2009 adverting to Aboo''s case (Crl. M.C. No. 346/08) and reiterating that for getting declaratory orders, the applicants will have to approach the competent civil courts and not the Judicial Magistrates. We therefore, affirm Aboo''s case and overrule Jismol Joseph v. Union of India which was not rendered on the strength of any authority or precedent will have no binding effect.
The petitioner''s application (C.M.P. No. 1942/2008) for correction of date of birth in the passport by issuing a declaratory order was rightly turned down by the JFCM II, Mavelikkara. The remedy, if at all there is one for the petitioner is before the competent civil court.
This Crl. M.C. is accordingly dismissed and the reference is answered accordingly.