S.Nagarajan v. The Regional Passport Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.Nagarajan

...Petitioner

Vs

1. The Regional Passport Officer, No.2 And 3, Iv Floor, Old No.785, New No.158, Anna Salai, Chennai 600 002.

2. The State Rep. By The Inspector Of Police, Kelampakkam Police Station, Kancheepuram District.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India seeking issuance of Writ of Mandamus directing the first respondent to permit the petitioner to travel Rome in Italy for his religious visit. For Petitioner : Mr.L.Ramu For Respondents : Mr. K.Gangadaran, Central Govt. Counsel for first respondent Mr.L.Baskaran, Govt.Advocate (Crl.Side) for second respondent

ORDER

This writ petition is filed seeking a direction to the first respondent to permit the petitioner to travel Rome in Italy.

2. According to the petitioner, he applied for issuance of Passport through on-line in MA 13072528069719 on 22.10.2019. The application of the petitioner was processed and passport was issued to him. Thereafter, the first respondent issued a notice calling for explanation from the petitioner regarding the pendency of the criminal case against him. Hence, he has come before this Court with the above said prayer.

3. It is not disputed that a criminal case was pending against the petitioner in C.C.No.155 of 2020 on the file of Judicial Magistrate Court No.1, Chengalpet, which is now transferred to the file of District Munsif cum Judicial Magistrate, Tiruporur and renumbered as C.C.No.168 of 2022. The petitioner is charged for the offences under Section 294(b), 353 and 506(i) IPC.

4. In view of the admitted position that a criminal case is pending against the petitioner before a criminal court, it is for the petitioner to file an appropriate application before the concerned court, seeking permission to visit foreign country. If any such application is filed by the petitioner, the same shall be considered by the concerned Court and final orders shall be passed, within a period of four weeks from the date of receipt of application.

5. If permission is granted to the petitioner to visit foreign country by the concerned court, it is open to the petitioner to produce the certified copy of the order before the first respondent and obtain necessary travel document.

6. With the above direction, this writ petition is disposed of . There shall be no order as to costs.

09.01.2025 Index:Yes/No Internet:Yes/No mst

To

1. The Regional Passport Officer, No.2 And 3, Iv Floor, Old No.785, New No.158, Anna Salai, Chennai 600 002.

2. The Inspector Of Police, Kelampakkam Police Station, Kancheepuram District.

S.SOUNTHAR, J.

mst 09.01.2025