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
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, J.