IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 15 of 2011()
1. MAVIS DAVIS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :21/01/2011
O R D E R
THOMAS P JOSEPH, J.
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Crl.M.C.No.15 of 2011
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Dated this 21st day of January, 2011
ORDER
Petitioner is accused in Crime No.335 of 2008 (wrongly
stated in the petition as Crime No.355 of 2008) of Vadanappallay
Police Station for offences punishable under Secs.420, 406, 417,
456 r/w 34 of the Penal Code. Since the passport of the petitioner
was to expire on 07.01.2011 he made an application to the
authorities concerned for renewal of the passport. That request
was rejected by the said authority for the reason that a criminal
case (Crime No.335 of 2008) is pending against petitioner.
Thereon, petitioner filed C.M.P.No.9222 of 2010 (in C.C.No.1487
of 2008) before learned Judicial First Class Magistrate,
Chavakkad for direction to issue certificate to facilitate renewal
of the licence in view of notification No.GSR 570(E) dated
25.08.1993. That application was dismissed by the learned
Magistrate for the reason that proceedings (in C.C.No.1487 of
2008) has been stayed by this court as per order dated
15.10.2010 for two months, counsel for first accused submitted
that the stay was extended for a period of two months but,
petitioner did not produce either a copy of the order or file
Crl.M.C.No.15 of 2011
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affidavit as directed by the learned Magistrate. Learned counsel
requested that learned Magistrate may be directed to consider
the application on merit.
2. I have heard learned Public Prosecutor.
3. Assuming that there is stay of proceedings in
C.C.No.1487 of 2008 that need not prevent learned Magistrate
from considering C.M.P.No.9222 of 2010. Hence I am inclined to
sent the application back to learned Magistrate for fresh
consideration as provided under law.
Resultantly this criminal miscellaneous case is allowed.
Annexure-2, order dated December 31, 2010 on C.M.P.No.9222
of 2010 is set aside and that application is remitted to the
learned Magistrate for fresh consideration and decision as law
provides.
(THOMAS P JOSEPH, JUDGE)
Sbna/-