Kalathil Abu vs Kalathil Abdul Rasheed on 12 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 91 of 2010()


1. KALATHIL ABU
                      ...  Petitioner

                        Vs



1. KALATHIL ABDUL RASHEED
                       ...       Respondent

2. SUB INSPECTOR OF POLICE,

3. THE STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.S.ABDUL SALAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :12/01/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
           CRL.M.C.No. 91   OF 2010
          ===========================

    Dated this the 12th day of January,2010

                     ORDER

This petition is filed under section 482 of

Code of Criminal Procedure to quash Annexure A3

order filed by the petitioner under section 10

(3)(2) of Passport Act to impound the passport

of the first respondent the accused. The

argument of the learned counsel is that the

accused is not co-operating, eventhough the

case has been pending for the last two years

and in such circumstances, learned Magistrate

should have impounded the passport. It is also

submitted that in any case the findings on the

merits of the case in Annexure 3 order is

unwarranted and is to be quashed.

2. As held by the Apex Court in Suresh

Nanda v. C.B.I (AIR 2008 SC 1414), a passport

can be impounded only by the authority provided

Crl.M.C.91/2010 2

under the Passport Act and cannot be impounded by

the learned Magistrate. Therefore learned

Magistrate rightly dismissed the application. Hence

I find no reason to interfere with Annexure 3

order. Though learned counsel sought to quash the

findings in the order on merit, it is not necessary

for this court to consider the case. As the case

is to be tried by the Sessions Judge, Sessions

Judge shall not be bound by the findings in

Annexure A3 order.

Petition is dismissed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

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JUDGMENT

SEPTEMBER,2006